Approve The Headquarters Agreement Between The Portuguese Republic And The International Copper Study Group, The International Lead And Zinc Study Group And The International Nickel Study, Signed In Lisbon On 17 November 2005

Original Language Title: Aprova o Acordo de Sede entre a República Portuguesa e o Grupo Internacional de Estudos do Cobre, o Grupo Internacional de Estudos do Chumbo e Zinco e o Grupo Internacional de Estudos do Níquel, assinado em Lisboa em 17 de Novembro de 2005

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a4d7a4c5667755a47396a&fich=ppr33-X.doc&Inline=false

1 MOTION for a RESOLUTION paragraph 33/X whereas the headquarters agreement between the Portuguese Republic and the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel study, signed in Lisbon on 17 November 2005, constitutes an essential legal instrument for the establishment of the headquarters of those three groups in Portugal and for the achievement of the objectives laid down in their statutes; So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: Approving the headquarters agreement between the Portuguese Republic and the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel study, signed in Lisbon on 17 November 2005 , the text of which, in the authentic version in Portuguese and English, if published in the annex.

Seen and approved by the Council of Ministers of 12 January 2006 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 2 HEADQUARTERS AGREEMENT between the Portuguese Republic and the INTERNATIONAL COPPER STUDY GROUP, the INTERNATIONAL LEAD and zinc STUDY GROUP and the INTERNATIONAL NICKEL STUDY the Portuguese Republic, the International Copper Study Group , the International Group for the study of lead and zinc and the International Nickel Study Group, hereinafter referred to as "the parties", with the aim of defining the status, privileges and immunities of each group and people linked to them, agree as follows: part I General provisions article 1 definitions for the purposes of this agreement means that: a) "Group" means the International Copper Study Group , the international lead and Zinc Study Group International Studies or nickel; b) "Government" means the Government of the Portuguese Republic; c) "Representatives" means representatives of the members of each group, heads of delegation or their surrogates; d) "Premises of each group" means all municipal buildings or fractions thereof and its public places used for the official activities and files of each group; and) "files of each group" includes all records, correspondence, documents, manuscripts, photographs, films and recordings, which belong or are in possession of each group, as well as all the information contained in them, regardless of your location; f) "official activities of each group" includes administrative and any other activities carried out under the terms of reference of each group; g) "Secretariat" means the Secretary General and all persons appointed or hired 3 full-time or part-time for one of the groups and that are subject to the Staff Regulations and staff rules of a group, with the exception of experts, support staff and groups of staff recruited locally by way of provision of services; h) "Secretary-General" means the Secretary-General appointed by the International Copper Study Group, International Group of studies of lead and zinc, by the International Nickel Study Group, who can act, separately or jointly, in representation of each group.

Article 2 Subject this agreement aims to provide each of the groups all the conditions necessary for the full and efficient fulfillment of its objectives, functions and duties in your seat in Portugal, and must be interpreted accordingly.

Article 3 legal personality of each group Each group has legal personality separate and individual and have individual and separate legal capacity, in particular to contract, to acquire and dispose of movable and immovable property and to institute legal proceedings.

PART II Article 4 Seat. ° Inviolability of premises and archives of the groups 1-premises and the files of each group shall be inviolable. 2 – property and goods for official use from each group, including your files, wherever they are located and regardless of your holder, cannot be subject to search, seizure, requisition, confiscation, expropriation or any other form of restriction on Executive, administrative, judicial or legislative. 4 3-the Portuguese authorities shall carry out the necessary steps and shall take the necessary measures to protect the facilities of each group against any intrusion or damage. 4-the Secretary-General should inform the Government about the location of the premises and archives of each group, and will keep you posted on any changes, as well as any temporary occupancy of the premises. 5-whenever any premises used or occupied temporarily by a group for the continuation of their official functions, these plants will be assigned the status of the Group's facilities. 6-Any representative of the Government or public authorities may enter the premises of any of the groups without prior authorization of the Secretary-General and in accordance with the conditions laid down by it, except in the event of a fire or other accident that put in serious danger to public security and require immediate action. 7-the execution of a judicial decision or similar action, such as the seizure of private property on the premises of any group, will not be allowed, except when authorized by the Secretary-General and in accordance with the conditions laid down by it. 8-Without prejudice to the provisions of this agreement, none of the Groups will allow its facilities to be used for refuge of individuals wanted by Justice or against whom it has been issued by the competent authorities an order of extradition or expulsion.

Article 5° Seat


1-the Government offers, through a lease agreement between the owner of the property, the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel study and the Portuguese Government authority designated, the fifth and sixth floors of the building situated on Rua Almirante Barroso, paragraph 38, in Lisbon for the installation of the three groups, during the period in which any one of the groups keep their headquarters in Portugal. 5 2-in addition to the full use of these two floors of the building, the three groups: fruirão) of six parking spaces; (b)) of the Conference rooms located on the ground floor of the building, according to the needs of group meetings, for a maximum of 30 working days per year and, if necessary, a conference room with capacity for up to 200 people, located near the facility, may be used under the same conditions as the Conference room located on the property; (c)) use of all common services building, including measures against trespassing and fires. 3-the rent is 90 000 Euros per year, with 40 000 Euros per year supported jointly by the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel study and the remaining 50 000 Euros per year paid by the Portuguese Government authority designated, who will also be responsible for paying the annual increase of income relating to commercial leases. 4-If one of the groups decide to withdraw its registered in Portugal, the other two groups are entitled to use two-thirds of the area referred to in paragraph 1, shall be entitled to four parking spaces and use the Conference rooms for 20 business days, paying for two-thirds of income effect mentioned in the preceding paragraph. 5-If one of the groups decide to withdraw its registered in Portugal, as referred to in the preceding paragraph, the other two groups can choose to maintain full use of the conditions laid down in paragraphs 1 and 2, and, in this case, the percentage of income paid by the Portuguese Government authority designated as referred to in paragraph 3, shall be reduced by a third of your total annual value.

Article 6° Flag and symbol each group has the right to use your flag and symbol on its premises and vehicles and other means of transportation used for official purposes.

6 PART III immunities and privileges of each group article 7 immunity from jurisdiction and execution 1-within the scope of its official activities, each group and your property will have immunity from jurisdiction and execution, except: a) When any group expressly renounce those immunities; b) When third parties establish a lawsuit claiming financial compensation for death or for damages caused by accident caused by a vehicle belonging to any of the groups, or the service of any of the groups, or in the case of a traffic offence involving such a vehicle; c) in the case of enforcement of an arbitration award rendered under articles 22 or 23 of this agreement; d) in a lawsuit related to a contract of employment between one or more groups and an individual for work performed or to be performed, in whole or in part, in the territory of the Portuguese Republic, provided that such individual is of Portuguese nationality or permanent residence in that territory. 2-in the case of a request to relinquish your immunity, following an action brought by a third party, each group required should make a statement to affirm your immunity within 15 days of receipt of the request, considering your immunity as waived. 3-the decision to a group to give up your immunity will not harm the immunity of other groups. 4-Without prejudice to the provisions of paragraph 2 of article 4, the vehicles belonging to any of the groups can be temporarily subject to judicial or administrative measures of search or seizure, if necessary for the investigation of the accidents referred to in point (b)) of this article.

Article 8 thereof concerning communications Facilities each group will benefit throughout the Portuguese territory, in their communications and official correspondence of 7 a treatment no less favourable than that granted by the Portuguese Republic to any diplomatic mission in respect of priorities, rates and taxes applicable to mail and the other forms of communication and correspondence.

Article 9° publications circulation the circulation of publications and other information materials issued by any group or sent to any group, within the scope of its official activities, will not suffer any type of restriction.

Article 10° Exemption of direct taxes the assets and income of the official activities of each group are exempt from any direct taxes, including corporate income tax, capital tax, added value tax, local tax and tax on real estate.

Article 11° exemption from indirect taxes 1-the goods and services purchased for each group for the official activities shall be exempt from all forms of indirect taxation, namely value-added tax (VAT), car tax, and taxes on petroleum products and alcoholic beverages. 2-regarding the VAT on the purchase of new cars and of goods and services in the domestic market, for performance of the respective official activities, each group will be refunded if the value of each purchase exceeding 270 Euros, tax included. 3-purchases of goods and services referred to in paragraph 1 carried out in other Member States of the European Union, are not subject to the payment of VAT in Portugal. 4-On acquisition in the national market of new motor vehicles necessary for the official activities 8, each group is exempt from the payment of the car tax.

Article 12 exemptions on importation and exportation 1 – Each group is exempt from the payment of customs duties and any other taxes, prohibitions or restrictions on the goods of any kind imported or exported by them in the exercise of its official activities. 2 – goods imported, exported or transferred can, if they are transported in the form of baggage, must be declared to customs using the tags and usual forms for diplomatic bags.

Article 13 Alienation to third parties


1-The assets acquired under articles 10 and 11 or imported under article 12 of this Agreement shall not be donated, sold, rented or tran-saccionados otherwise earlier than five years of your purchase. 2-If the time limit referred to in paragraph 1 is not complied with, the competent authorities shall be notified and paid their taxes or import duties, as the case may be.

Article 14 Funds, currencies and bonds 1-Without being limited by any kind of control, regulation or moratorium: a) Each group may hold funds, currencies or securities of any kind and have accounts in any currency; b) Each group may freely transfer their funds, currencies or securities and convert into any currency the currency holding, from one country to another or from one location to another within any country. 2-Each will benefit from Group exemption of stamp tax on bank transactions.

PART IV immunities and privileges of representatives, staff of the Secretariat and experts 9 Article 15 1 Representatives-representatives participating in meetings of any group shall enjoy, during the exercise of their official functions and during the travel to the location of the meeting or on the back of this meeting, the following privileges and immunities: immunity from legal proceedings) , civil or criminal, even after the end of your mission in respect of oral statements or written and all acts done in their official missions; b) Inviolability of all documents intended for official use; c) When required by national or Community law, free issue for itself and for the spouse or person with whom he lives in domestic partnership and processing as quickly as possible; d) representatives of each group shall be accorded equal treatment to that of diplomatic agents in the same circumstances, including with regard to customs facilities, unless 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, or any citizen of the Republic of Portugal. 4-Each group should communicate to the Portuguese Government the names of the representatives of the members before your arrival in Portugal.

Article 16 1 Secretariat staff-the Secretary General of the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel study will benefit from the same privileges and immunities usually accorded to heads of diplomatic missions and will be included in the diplomatic list organized by the Ministry of Foreign Affairs. 2-the staff of the Secretariat shall enjoy the following privileges: a) immunity from legal proceedings in respect of acts performed in the exercise of their duties 10 to each group, including oral and written statements; b) Inviolability of documents, whatever your content or material related to their functions in each group; c) When required by national or Community law, free issue for their own, for the spouse or person with whom he lives in domestic partnership and for the ascendants or descendants in straight line and in the first degree you're your position, as well as adopted children on equal terms, and processing as quickly as possible; d) Exchange Facilities as those accorded to officials of the diplomatic representations of the same category, except if the staff of the Secretariat have Portuguese nationality or are permanent residents in Portugal; and) exemption from income tax and additional remuneration to be paid by each group; However, the value of these payments will be taken into account by the Government to calculate the tax to be applied in respect of income from other sources; f) exemption, the moment they assume roles in Portugal, from import duties, VAT, excise duties, except as to costs intended for the payment of services, vis-à-vis imports of furniture and other personal belongings that are owners or that will purchase within six months of the transfer of residence to Portugal; g) imported goods exempt from import customs duties under the preceding paragraph may not be sold or disposed of within one year of importation and shall be subject to the rules of the European Union; h) the right to import temporarily, for a period to last the course of their duties in Portugal, a vehicle intended for your personal use, free of import duties, VAT and car tax. The application for temporary importation must be presented to the Customs authorities within a period of six months from the beginning of functions; I) the Secretary-General may import, in identical conditions, a second vehicle for use of your household; j) the disposal of motor vehicles imported under the (h)) and i) mentioned above is subject, with the necessary modifications, to the rules in force in Portuguese legislation applicable to vehicles of officials of diplomatic missions and consular posts; 11 k) Or the groups, nor the staff of the Secretariat, are required to contribute to the national social security system, provided they have chosen Portuguese contribute only to the pension fund scheme of the groups. 3 – the regularization of staff regulations of officials of the Secretariat of each group as foreign citizens, as well as the spouse or person with whom he lives in domestic partnership and of the ascendants or descendants in straight line and in the first degree you're your position, as well as adopted children on equal terms, is subject to the regime applicable to the diplomatic personnel of diplomatic missions. 4-the working conditions of the employees of the Secretariat shall be governed by the provisions of the Staff Regulations and staff rules to each group. No employee of the Secretariat may claim additional rights beyond those defined in the rules and regulations mentioned.

Article 17° (a) Experts), b) and (c)) of paragraph 1 of article 15 shall apply to experts who are not employees of the Secretariat of a group and in the exercise of their functions during an assignment for a group.

Article 18 notification of appointments and identity cards


1-each group shall inform the Government of the beginning and end of functions of any employee of the Secretariat or expert and should send regularly to the Government a list of all staff of the Secretariat and experts, stating in particular whether the citizens of Portuguese nationality or foreign nationals with permanent residence in Portugal. 2-the Government will issue photo identity cards for each employee of the Secretariat and expert. Such a document will be recognized by all official authorities. 3 – each group will return the identity cards of the staff of the Secretariat and experts who have ceased functions. 19. Article 12° purpose of privileges and immunities 1 – the privileges and immunities granted by this agreement to representatives, officials of the Secretariat and experts are not granted for personal benefit, but seek to ensure the independent exercise of their activities related to the work of each group. 2 – Any Member State should consider waiving immunity of its representatives when the same may impede the course of Justice and since, according to the opinion of the Member State, such waiver does not harm the purposes for which immunity was granted. 3-the Secretary-General has the right and duty to raise the privileges and immunities granted to any employee of the Secretariat or expert (besides your own), when such immunity to prevent the course of Justice and it is possible to forgo the same without prejudice to the purpose for which the privileges and immunities were granted. 4 – the International Copper Study Group, the international lead and Zinc Study and the International Nickel Study Group may waive the immunities granted to the Secretary-General.

Article 20 cooperation between each group and the Government 1-each group shall cooperate with the competent authorities of the Government to facilitate compliance with the law and regulations of the Portuguese Republic and to prevent the occurrence of any abuse of the privileges, immunities and facilities provided for in this agreement. 2-without prejudice to their privileges and immunities, it is the duty of all persons enjoying privileges and immunities under this agreement, comply with the laws and regulations of the Portuguese Republic. They should also refrain from interfering in the internal affairs of the Portuguese State. 3-the right of the Government to take all necessary preventive measures in accordance with international law to ensure national security will not be impaired by any provision of this agreement. 13 part V dispute settlement article 21 settlement of disputes with third parties any disputes in respect of contracts or other disputes of private law in which any one of the groups, and a Portuguese citizen or entity are parties shall be submitted to arbitration in accordance with Portuguese law, unless the contract or the Portuguese law stipulate to your submission to another jurisdiction in particular the Portuguese courts.

Article 22 submission to international arbitration at the request of the Government, each group will have to submit to an International Court of arbitration any dispute: a) is generated by damage caused by a group; b) Involve any other matter of non-contractual liability; c) Involve any official of the Secretariat or any Expert Group, when 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 1-all disputes arising between any group and the Portuguese Republic, as a result of the interpretation or application of this agreement or for any other matter affecting the relationships between any group and the Portuguese Republic, shall be settled by consultation, negotiation or other agreed resolution. 2-If the dispute is not resolved in accordance with the provisions of paragraph 1 since article within three months following the request made in writing by one of the parties to the dispute, will be 14 request of either party to the dispute, subject to an International Court of arbitration, in accordance with the procedures established 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, the other by the Secretary-General after consultation with the group or groups involved in the dispute, and the third, who shall be the President of the Court, chosen by the other two arbitrators. 4-if any of the parties to the dispute does not appoint the Member of your court within three months after the appointment of another Member by the other party, it may invite the President of the International Court of Justice to make that appointment. 5-If the first two appointed members do not reach agreement on the appointment of the President of the Tribunal within two months after your appointment, either party may invite the President of the International Court of Justice to choose the President. 6 – unless the parties decide otherwise, the arbitral tribunal shall establish its rules of procedure and the expenses shall be borne by the parties to the dispute by the Court. 7-the arbitral tribunal, which shall decide by a majority of votes, shall decide on the basis of this agreement and the rules of international law applicable. 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 that were fulfilled the formalities required by the terms of Reference of each group and the necessary requirements to the effect provided for in Portuguese law, and will produce its effects as from 1 January 2006. 3-after the entry into force of this agreement, the headquarters agreement between the International Copper Study Group, signed on 9 November 1993, shall cease to be in force. 15 article 25 1 Review-this agreement may be revised by agreement between the parties. 2 – amendments enter into force in accordance with the procedure laid down in paragraph 1 of article 24 Article 26 termination and complaint


1-this agreement may terminate your term by agreement between the parties, and the same wake up the date from which the provisions of the agreement shall cease to be in force. 2-the present agreement may be denounced by either party, and the intention to proceed with the complaint be notified in writing to the other parties with at least 12 months in advance. In witness whereof, the undersigned, being duly authorised, have signed this agreement.

Made in Lisbon, the 17 days of the month of November 2005, in Portuguese and English, making both texts equally authentic.

For the Portuguese Republic by the International Copper Study Group By Group international lead and Zinc Study Group International of 16 Studies of nickel 17 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: 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 portion copies thereof and the land ancillary thereto used for the official activities and archives of each Group; 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; 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; g) "members" means the Secretary General and all persons appointed or recruited for full-time or part-time employment with the Group and subject to the Staff Regulations and Staff Rules of the 18 Group, other than experts, assistant personnel to support each Group persons recruited locally and assigned to hourly rates of pay; 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 legal personality and individual 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, 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. 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. 19 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. 5. Where premises are temporarily used or occupied by the Group for the fulfilment of its official functions these premises shall be accorded the status of premises of the Group. 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. 7. Execution of the 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. 8. Without prejudice to the present Agreement, the Group shall allow its premises to be used as a refuge for individuals fleeing justice or for whom an an ' extradition 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 Portuguese designated government authority, the 5th and 6th floors of the building located at Rua Almirante Barroso, 38 in Lisbon, is the headquarters of the three Groups , as long as any one of the Groups maintains its headquarters in Portugal. 2. Besides 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 the 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; 20 c) Use of other common services of the building including measures against trespassing and fire. 3. The rent shall be Euros/year, 90.000 Eur 40.000/year being paid jointly by the International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel Study Group and Euro 50.000/year paid by the Portuguese designated government authority, which shall also be responsible for paying the annual adjustment fixed for commercial rents. 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. 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 the Immunities and privileges of each Group Article 7 Immunity from jurisdiction and from execution 1. Within the scope of its official activities, each Group and its property shall benefit from jurisdictional immunity and immunity from execution, except: a) When any Group expressly waives those immunities; 21 (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 a vehicle is involved in a traffic violation; (c)) In respect of an enforcement of an arbitration decision rendered in accordance with Articles 22 and 23 of the present Agreement; 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. 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 the declaration claiming immunity within fifteen days of its receipt, the absence of which being regarded as a waiver of immunity. 3. The decision of one Group to waive its immunity 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 in sub-paragraph (b) above) 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 price 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. 22 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 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. 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 270.00, 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 whatsoever nature imported or exported by them as the result of its official activities. 2. Imported, exported or transferred goods, if transported the luggage, 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 accordance with Article 23 12 of this Agreement, shall not be donated, sold, rented or otherwise disposed of within five years of their acquisition. 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 1. Without being restricted by controls, regulations or of any kind: a moratorium on) Each Group may hold funds, currency or valuables of any movable 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 the Immunities and privileges of representatives, staff members and experts Article 15 Representatives 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: a) Immunity from any legal proceedings, including both criminal and civil, 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 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; 24 d) The Representatives of each Group shall enjoy the same treatment as accorded to diplomatic representatives in the same general circumstances, including customs privileges, unless they have residence in Portugal. 2. The provisions of the above paragraph are without prejudice to any other immunity to which the Representative may be entitled under international law. 3. The privileges and immunities mentioned in paragraph 1 may not be enjoyed by representatives of the Portuguese Government or Portuguese nationals. 4. Each Group shall inform the Portuguese Government of the names of Representatives of members before they enter Portugal.

Article 16 Staff members 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. 2. Staff members shall be entitled 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 ascendants or descendants in direct line and first degree, including adoptive children in the same general circumstances, 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 nationality 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 relatively to income derived from other sources; 25 f) As they commence their functions in Portugal, the Staff members shall be exempt from importation duties, VAT and special consumer taxes, except for payment of costs destined for the 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; 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; 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; I) The Secretary-General may import, under the same conditions, the 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) 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. 3. The regularisation of the status of each Group's expatriated Staff members the 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 general circumstances, 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 governed by the provisions of the Staff Rules and Regulations of each Group. The Staff member can claim additional rights than those defined in the said rules and regulations.

Article 17 Experts 26 Paragraphs a), b) and (c)) of paragraph 1 of Article 15 shall apply to experts who are not Staff members of the Group during the exercise of their functions while on a mission for the 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 regularly provide the Government with the list of all active Staff members and experts, indicating whether they have Portuguese nationality or if they are foreign citizens with permanent residence in Portugal. 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. 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 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. 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. 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 prevent the course of justice and can be waived without prejudice to the purpose for which the privileges and immunities are accorded. 27 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 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. 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. 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 the Portuguese person or entity are the 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: 28 a) Result from damages caused by any Group; b) Involves any other non-contractual liability of any Group; c) Involves the 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 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. 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 arbitration court according to the procedure set forth in paragraphs 3 to 7 of this Article. 3. The arbitration 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. 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 tribunal within two months following their appointment, either party may invite the President of the International Court of Justice to choose the chairman. 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 Court. 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 29. The decision of the Arbitration Court 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 formalities required by the Terms of Reference of each Group and the necessary requirements of Portuguese law for that purpose have 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 Portuguese Republic, signed in Lisbon, on the 9th of November of 1993, shall cease to be in force.

Article 25 Amendment 1. The present agreement may be amended by agreement of the Parties. 2. The amendments shall 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 COPIES THEREOF, the Arbitration Forum, being Surani authorised thereto, have signed the present Agreement. 30 Done in Lisbon, on the 17th of November of 2005, in Portuguese and English, both texts being equally authentic.

For the Portuguese Republic For the International Copper Study Group For the International Lead and Zinc Study Group For the International Nickel Study Group