Key Benefits:
MOTION FOR RESOLUTION No. 38 /X
Exhibition of Motives
Considering that Portugal is Party to the Convention on the Privileges and Immunities of the
United Nations, adopted on February 13, 1946, having deposited the respective
instrument of accession on October 14, 1998;
Considering that the General Assembly of the United Nations adopted, on February 13
of 1946, a resolution biased to the unification of the privileges and immunities of which
enjoy the United Nations and its various Specialized Organizations, in that
felt adopted, on November 21, 1947, the Convention on Privileges and
Immunities of the Specialized Organizations and their Annexes;
Considering that the accession to the Convention on the Privileges and Immunities of the
Specialized Organizations and their Annex IV-UNESCO agilize and facilitate participation
national in the activities of UNESCO, as well as the achievement in our country of meetings
within the framework of this Organization;
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:
Article 1.
Approves the Convention on the Privileges and Immunities of Organizations
Specialized and its Annex IV-UNESCO, adopted by the General Assembly of the
United Nations, on November 21, 1947, the text of which, in the versions authenticated in the
languages English and French, as well as their respective translation in Portuguese language, if
publishes in annex.
Article 2.
The text of the Convention is formulated the following reservation:
The exemption set out in paragraph b) of section 19 does not apply to Portuguese nationals
and to residents in Portuguese territory who have not acquired that quality for the purpose
of the exercise of the activity.
Seen and approved in Council of Ministers of April 27, 2006
The Prime Minister
The Minister of the Presidency
The Minister of Parliamentary Affairs
CONVENTION ON PRIVILEGES AND IMMUNITIES
OF THE SPECIALIZED ORGANIZATIONS
Adopted by the General Assembly of the United Nations
on November 21, 1947
___________
FINAL TEXTS AND REVISED TEXTS
OF THE ATTACHED
(as approved by the specialized organizations
on April 1, 1974)
CONVENTION ON PRIVILEGES AND IMMUNITIES
OF THE SPECIALIZED ORGANIZATIONS
Adopted by the General Assembly of the United Nations
on November 21, 1947
Considering that the General Assembly of the United Nations adopted on the day 13 of
February 1946 resolution with a view to unification, as far as possible, of the
privileges and immunities enjoyed by the United Nations and the different organizations
specialized;
Considering who have held consultations between the United Nations and the
specialized organizations for the practical application of the said resolution;
In consequence , by resolution 179 (II) adopted on November 21, 1947,
the General Assembly adopted the Convention which follows, to which it is submitted to
acceptance to the specialized organizations and for membership of all Members of Nations
United, as well as all other member states of one or several organizations
specialized.
Article I
Definitions and scope of application
Section 1
For the purposes of this Convention:
i) The words "standard clauses" refer to the provisions of Articles II to
IX.
ii) The words "specialized organizations" refer to:
a) To the International Labour Organization;
b) To the Food and Agriculture Organization of the United Nations;
c) To the United Nations Educational, Scientific and Cultural Organization;
d) To the International Civil Aviation Organization;
e) to the International Monetary Fund;
f) To the International Bank for Reconstruction and Development;
g) To the World Health Organization;
h) To The Universal Postal Union;
i) To the International Telecommunication Union;
j) To any other organization linked to the United Nations in accordance with
articles 57 and 63 of the Charter.
iii) The word "Convention", as it applies to a particular
specialized organization, assigns the standard clauses modified by the final text (or
revised) of the Annex transmitted by that organization pursuant to the provisions of the sections
36 and 38.
iv) For the purposes of Article III, the words "goods and heritage" apply
equally to the goods and funds administered by a specialized organization in the
exercise of your organic assignments.
v) For the purposes of Articles V and VII, the expression ' representatives shall be deemed to be
of the members " covers all representatives, alternating representatives, advisers,
technical experts and secretaries of delegations.
vi) For the purposes of sections 13, 14, 15 and 25, the expression " meetings convened by
a specialized organization " refers to the meetings: 1) of your assembly or your
steering body (regardless of the term used to designate them); 2) of
any commission provided for in its constitutive instrument; 3) of any conference
international by it convened; 4) of any commission of any of the organs
precedents.
vii) The term "Managing Director" designates the main employee of the organisation
specialized in question, regardless of whether you have the title of director-general or
any other.
Section 2
Any State that is a party to this Convention in respect of any
organization specializing in the framework of its accession and in relation to which it has become
applicable to this Convention by virtue of the provisions of section 37, shall grant to that
organization the privileges and immunities provided for by the standard clauses in the conditions
therein specified, subject to any modifications made to the said
clauses by the provisions of the final text (or revised) of the Annex relating to that
organization and transmitted in accordance with the provisions of sections 36 or 38.
Article II
Legal personality
Section 3
Specialized organizations have legal personality. Have the
ability: a) to hire; (b) to acquire and divest movable and immovable property; d) judiciary.
Article III
Goods, funds and heritage
Section 4
The specialized organizations, their goods and heritage, wherever they
find and whoever is your possessor, enjoy immunity from jurisdiction, save in the
measure in which she has expressly waived in a particular case. Understand-
however that the waiver is not extendable to enforcement measures.
Section 5
The facilities of the specialized organizations are inviolable. The goods and
heritage of specialist organisations, wherever they meet and who they are
the possessor, are exempt from search, requisition, forfeiture, expropriation or any other
form of executive, administrative, judicial or legislative interference.
Section 6
The archives of the specialized organizations and, in general, all the
documents that belong to you or are in your possession are inviolable, where you want
find themselves.
Section 7
Without which they are subject to any kind of control, regulation or
a moratorium on a financial nature:
a) Specialized organizations may possess funds, gold or foreign exchange of
any type and have accounts in any currency;
b) Specialized organizations can freely transfer their funds,
gold or its foreign exchange from one country to another, or within any country and
convert any foreign currencies from which they are holder in any other currency.
Section 8
In the exercise of the rights granted to it under section 7 supra ,
each of the specialized organizations will take into account any interpellation
to be made by the government of any State that is a party to this Convention
to the extent it considers it to be able to give it a follow up without such a prejudice to its
own interests.
Section 9
Specialized organizations, their heritage, income and other goods are:
a) Isents of all direct taxes; it is understood, however, that the
specialized organizations will not require tax exemption that are no longer the
that the simple remuneration of public utility services;
b) Isents of all customs duties and of all prohibitions and restrictions
of import or export in respect of imported or exported objects
by the specialized organizations for their official use; it becomes understood, however, that
articles imported under this exemption will not be sold in the territory of the country
in which they have been introduced, except under conditions agreed with the government
of that country;
c) Isents of all customs duties and of all prohibitions and restrictions
of import or export with respect to its publications.
Section 10
Although specialized organizations do not claim, as a general rule, the
exemption from indirect taxes and fees on the sale that incorporate the price of the
movable or immovable property, when they, however, carry out for their official use purchases
significant at whose price are included taxes and fees of this nature, the
States that are party to this Convention shall take, where this shall be
possible, appropriate administrative measures with a view to the discount or refund
of these taxes and fees.
Article IV
Facilities for communication
Section 11
Each of the specialized organizations will benefit, for their communications
officers, in the territory of any State which is a party to this Convention in what
say respect to that organization, of a treatment no less favorable than that
which is granted by the government of that State to any other government, including the
respective diplomatic representation, in relation to priorities, tariffs and fees on the
mail, cabograms, telegrams, radiotelegrams, telephotos, telephone communications and
other communications, and in the matter of press fares for the information to
press and radio.
Section 12
The official correspondence and the other official communications of the organizations
specialized cannot be the subject of censorship.
Specialized organizations will have the right to use codes as well as
to exclaim and receive your correspondence for post offices or sealed suitcases, which will enjoy the
same privileges and immunities as the post office and diplomatic suitcases.
This section may in no way be construed as an impediment
of the adoption of appropriate security measures, to be determined by agreement between the
State that is a party to this Convention and a specialized organization.
Article V
Representatives of the members
Section 13
The representatives of the members at the meetings convened by an organisation
specialized enjoy, during the exercise of their duties and in their travels to the e
the location of the meeting, of the following privileges and immunities:
a) Immunity of arrest or detention and seizure of their personal baggage and,
with regard to the acts by them practiced in their official capacity (including the
your words spoken and written), immunity from jurisdiction of any kind;
b) Inviolability of all papers and documents;
c) Right to use codes and to receive documents or correspondence by
post offices or in sealed suitcases;
(d) Exemption, for the own and for their spouses, for all
restrictive measures relating to immigration, of all formalities of registration of
foreigners, and of all national service obligations in the countries by them visited
or crossed in the exercise of their duties;
(e) Facilities with respect to monetary or foreign exchange restrictions equal to those which
are granted to the representatives of foreign governments on official mission
temporary;
f) Immunities and facilities as to personal baggage equal to those which are
granted to the members of the comparable hierarchical level diplomatic missions.
Secção14
In order to guarantee the representatives of the members of the specialized organizations
at the meetings by these convened a complete freedom of expression and a
complete independence in the performance of its functions, the immunity of jurisdiction in the
relating to the words spoken or written or to the acts by them practiced in the
performance of their duties will continue to be awarded to them even after
ended the mandate of these people.
Section 15
In cases where the incidence of a tax of any nature depends on the
residence of the subject, the periods during which the representatives of the members of the
organizations specializing in the meetings by these convened meet in the
territory of a member for the performance of his duties shall not be considered as
periods of residence.
Section 16
The privileges and immunities are granted to the representatives of the members, not
for your personal benefit, but rather so that they can ensure in complete independence
the exercise of its functions within the framework of specialized organizations. By
therefore, a member has not only the right, but also the duty to lift the
immunity of your representative in all cases in which, in his or her understanding, such
immunity prevents it from being done justice and can be lifted without prejudice to the purpose
for which it is granted.
Section 17
The provisions of sections 13, 14 and 15 shall not apply to the authorities of the
State of the nationality of the person or of which she is or was representative.
Article VI
Employees
Section 18
Each specialized organization will define the categories of employees to which if
applies the provisions of this Article as well as of Article VIII. This will give
knowledge to the governments of all States that are a party to this Convention
with regard to the said organization, as well as to the Secretary General of Nations
United. The names of the employees included in these categories will be communicated
periodically to the supra mentioned governments.
Section 19
The employees of the specialized organizations:
a) Gozshall of immunity from jurisdiction as to the acts by them practiced in their
official quality (including spoken and written words);
b) Gozshall, with regard to the wages and emoluments paid to them
by the specialized organizations, of the same tax exemptions that are
granted to the employees of the United Nations, and under the same conditions;
c) They will not be subject, nor will their spouses and their family members to their
job title, restrictive measures concerning immigration, nor the formalities of registration of
foreigners;
d) Gozshall, with regard to exchange facilities, of the same privileges
that the members of the comparable hierarchical level diplomatic missions;
e) Gozshall, in period of international crisis, as well as their spouses and
familiar to their office, of the same repatriation facilities as the members of the
comparable hierarchical level diplomatic missions;
f) Gozshall of the right to import, duty free, its furniture and its
personal property on the occasion of its first assumption of duties in the country in question.
Section 20
The employees of the specialized organizations will be exempt from any and all
obligation on the national service. However, such an exemption will stay, relatively to the
States of their nationality, limited to the employees of the specialized organizations
that, by virtue of their duties, have been expressly designated in a list
drawn up by the director general of the organization specialized and approved by the State in
question.
In case of call to the national service of other employees of the
specialized organizations, the State in question will grant, at the request of the organization
specialized, the call postponements that you can reveal necessary to avoid
the interruption of the essential service.
Section 21
In addition to the privileges and immunities provided for in sections 19 and 20, the Director-
general of each specialized organization, as well as any employee who acts in
name of it in your absence, both with regard to the own as well as with regard to your
spouse and minor children, shall enjoy the privileges, immunities, exemptions and facilities
granted to diplomatic envoys, in accordance with International Law.
Section 22
Privileges and immunities are granted to employees only in the interest
of the specialized organizations and not for their personal benefit. Each organization
specialized can and should lift the immunity granted to an employee in
all cases in which, in their view, such immunity prevents from being done justice and
may be raised without prejudice to the interests of the specialized organization.
Section 23
Each specialized organization will collaborate permanently with the authorities
competent member states with a view to facilitating the good administration of justice, the
ensure compliance with police regulations and prevent any abuse that may
result from the privileges, immunities and facilities listed in this article.
Article VII
Abuse of privileges
Section 24
If a State which is a party to this Convention considers that there was abuse
of a privilege or of an immunity granted by this Convention, to be held-
if-consultations between that State and the specialized organization involved with a view to
determine if there was de facto abuse and, if so, seek to prevent a
possible repetition. If such consultations do not lead to a satisfactory result for the
State and for the specialized organization involved, the question of whether there was abuse
of a privilege or an immunity will be brought before the International Court of
Justice, as provided for in section 32. If the International Court of Justice concludes
that has given such abuse, the State which is a party to this Convention and affected by the
referred to abuse shall have the right, after notification to the specialized organization involved, of
leave to grant, in your relations with that organization, the benefit of privilege
or of immunity that has been the subject of abuse.
Section 25
1. The representatives of the members at the meetings convened by the organizations
specialized, during the course of the performance of their duties and in the course of their travels to
o and of the meeting place, as well as the officials referred to in section 18, shall not be
required by the territorial authorities to leave the country in which they exercise their
functions as a result of activities by them exerted in their official capacity.
However, in the case of a person abusing the privilege of residence by exercising in the said
country activities with no relation to your official duties, you may be obliged by the
the country's government to abandon it, subject to the following provisions:
2. I) The representatives of the members or the persons enjoying immunity
diplomatic pursuant to section 21 will only be required to leave the country since
are observed the diplomatic procedures applicable to diplomatic envoys
accredited in that country.
II) In the case of an employee to whom the provisions of section 21 do not apply,
no expulsion decision will be taken without the approval of the Minister of Business
Foreigners from the country in question, approval of which will only be given after consultation with the
director-general of the specialized organization involved; and if a process is opened
expulsion against an employee, the director general of the specialist organisation will have the
right to intervene in that process in defence of the person against whom the
process.
Article VIII
Free-transit
Section 26
The employees of the specialist organisations will have the right to use the free-
bring-up of the United Nations, in accordance with the administrative arrangements that
will be negotiated between the Secretary-General of the United Nations and the authorities
competent of the specialized organizations in which the powers will be delegated
special to issue the free-tranths. The Secretary-General of the United Nations shall notify the
each of the States that are party to this Convention, the agreements
administrative so celebrated.
Section 27
The free-tracts issued by the United Nations on behalf of the officials of the
specialized organizations will be recognized and accepted as a valid travel title
by States that are party to this Convention.
Section 28
Visa applications (if necessary) by employees of the organisations
specialized free-transit holders of the United Nations and accompanied by a
certificate that attests that these employees travel on account of an organization
specialized should be examined in the shortest possible time. In addition, they will be
granted to the holders of these free-tracts of quick travel facilities.
Section 29
Facilities identical to those mentioned in section 28 will be granted to the
experts and other people who, not being fitted with a free-transit of Nations
United, be holders of a certificate that attests that they travel on account of a
specialized organization.
Section 30
The Directors-General of Specialized Organizations, Directors-General adjoining,
department directors and other hierarchical level employees at least equal
to that of director of department of the specialized organizations, who travel on account
of the specialized and mundane organizations of a free United Nations transit,
shall enjoy the same travel facilities as the members of the diplomatic missions
of comparable hierarchical level.
Article IX
Settlement of disputes
Section 31
Each specialized organization should provide for appropriate mechanisms of
resolution of:
a) disputes in respect of contracts or other disputes of private law in
that the specialized organization is a party;
b) Different in which an employee of an organization is involved
specialises that, by virtue of its official situation, enjoys immunity, if such immunity
is not raised pursuant to the provisions of section 22.
Section 32
Any contestation arising from the interpretation or application of the present
Convention shall be brought before the International Court of Justice, except in cases
in which the parties are in order to draw on another means of resolution. If a one arises
dispute between one of the specialized organizations, on the one hand, and a State
member, on the other, will be asked to appear advisory on any matter of law
raised, in accordance with Article 96 of the Charter and with Article 65 of the Staff Regulations
of the Court, and still with the applicable provisions of the agreements concluded between the
United Nations and the specialized organization involved. The opinion of the Court will be
accepted by the parties as decisive.
Article X
Annexes and application of the Convention
to each specialized organization
Section 33
Standard clauses will apply to each specialized organization, subject to
any modifications arising from the final text (or revised) of the Annex relating to that
organization, as provided for in sections 36 and 38.
Section 34
The provisions of the Convention shall be interpreted in respect of each
of the specialized organizations, taking into account the assignments that are given to it
consignments in the respective constitutive instrument.
Section 35
The draft Annexes I to IX constitute recommendations to organisations
specialized that in them are expressly mentioned. In the case of an organization
specialized not to be mentioned in section 1, the Secretary-General of Nations
The United Nations shall transmit to that organization a draft annex recommended by the
Economic and Social Council.
Section 36
The final text of each attachment will be the one that has been approved by the organization
specialized involved, in accordance with the procedure laid down in your instrument
constitutive. Each of the specialized organizations shall transmit to the Secretary-General
of the United Nations a copy of the annex that it has approved, and which will replace the project to which
refers to section 35.
Section 37
This Convention shall become applicable to a specialized organization
when the latter has transmitted to the Secretary-General of the United Nations the final text of the
attachment that concerns you and has communicated to you that you accept the standard clauses
modified by the Annex and which undertakes to apply Sections 8, 18, 22, 23, 24, 31,
32, 42 and 45 (subject to any modifications to section 32 that may be
required to introduce in the final text of the attachment to make it as per the instrument
constitutive of the organization), as well as all the provisions of the Annex they impose
obligations to the organization. The Secretary-General shall communicate to all Members of the
United Nations as well as all member states of the specialized organizations
certified copies of all attachments that have been transmitted to you in
compliance with the provisions of this Section, as well as of the revised Annexes
transmitted in compliance with the provisions of section 38.
Section 38
If, after having transmitted the final text of an annex in accordance with the
section 36, a specialized organization to adopt, in accordance with its procedure
provided for in the constitutive instrument, certain amendments to that Annex, shall transmit the text
revised from the Annex to the Secretary-General of the United Nations.
Section 39
The provisions of this Convention shall not behave any limitation and in
nothing will harm the privileges and immunities that have already been or may be
granted by a state to a specialized organization by virtue of this having
established its registered office or its regional offices in the territory of that State. The
this Convention may not be interpreted as an impediment to the celebration of
additional agreements between a state that is a party and a specialized organization with
a view to the adjustment of the provisions of this Convention, to the extent or limitation
of the privileges and immunities by it granted.
Section 40
It is understood that the standard clauses modified by the final text of an attachment
transmitted by an organization specialized to the Secretary-General of the United Nations
pursuant to section 36 (or a revised Annex transmitted pursuant to section 38)
should be in accordance with the provisions of the organization's constitutive instrument
then in force, and that, if for this it is necessary to introduce an amendment in that
instrument, such amendment shall have entered into force in accordance with the procedure
provided for in the constitutive instrument of the organization prior to the transmission of the final text
(or revised) of the Annex.
No provision of the constitutive instrument of an organisation
specialized, nor any right or obligation that this organization may from another
mode to own, acquire or assume, may be revoked or derogated by the effect of the
this Convention.
Article XI
Final provisions
Section 41
The accession to this Convention by a member of the United Nations and (subject to
of the provisions of section 42) by any State member of an organisation
specialized shall be carried out by deposit with the Secretary-General of the United Nations of
an instrument of accession that will produce effect on the date of its deposit.
Section 42
Each specialized organization involved will communicate the text of the present
Convention as well as the Annexes that concern you to its members who do not
are members of the United Nations; and will invite you to join the Convention in what
says respect, by deposit of the necessary instrument of accession with the Secretary-General
of the United Nations or the Director-General of the organization concerned.
Section 43
Each State Party which is a Party to this Convention shall designate in its instrument
of membership of the specialized organization or the specialized organizations to which or the
which undertakes to apply the provisions of this Convention. Each State that
is a party to this Convention may, by written notification subsequent to the Secretary-
General of the United Nations, commit to implement the provisions of the present
Convention to one or several other specialized organizations. That notification
shall take effect on the date of its receipt by the Secretary-General.
Section 44
This Convention shall enter into force between each State which is a party to
this Convention and a specialized organization when it has become applicable
to that organization under the provisions of section 37 and the State that is party to
made a commitment to apply the provisions of this Convention to that
organization under the provisions of section 43.
Section 45
The Secretary-General of the United Nations shall inform all Member States of the
United Nations, as well as all member states of the specialized organizations and
the directors-general of the specialized organizations, of the deposit of each instrument
of accession received pursuant to the provisions of section 41, and of all notifications
later received pursuant to the provisions of section 43. The director general of each
specialized organization will inform the Secretary-General of the United Nations and the
members of the organization involved in the deposit of any instrument of accession
deposited with it pursuant to the provisions of section 42.
Section 46
It is understood that, when an instrument of accession or an instrument is deposited
subsequent notification on behalf of any State, this shall be in a condition of
apply, in the light of its right, the provisions of this Convention, such as
modified by the final texts of all the annexes concerning the organizations
contemplated in the accessions or notifications supra mentioned.
Section 47
1. Subject to the provisions of paragraphs 2 and 3 of this section, each State
which is a party to this Convention undertakes to apply the Convention to each
of the specialized organizations included by that State in its instrument of accession
or in a subsequent notification, until a revised convention or annex becomes
applicable to that organization and the said State has accepted the Convention or the Annex
so reviewed. In the case of a revised Annex, the acceptance by the States shall be effected by
a notification addressed to the Secretary-General of the United Nations, to which it will produce effect
on the day of its reception by the Secretary-General.
2. However, any State which is a party to this Convention and which does not
be it or that it has ceased to be a member of a specialized organization can drive
a written notification to the Secretary-General of the United Nations and to the Director-General of the
organization involved informing them that it intends to cease granting this
organization the benefit of this Convention from a given date that
will not be able to precede in less than three months the date of receipt of this notification.
3. Any State Party which is a party to this Convention may refuse to
grant the benefit of this same Convention to a specialized organization that
will cease to be bound by the United Nations.
4. The Secretary-General of the United Nations shall inform all States that they are
part in this Convention of any notification that is transmitted to us
terms of the provisions of this section.
Section 48
At the request of one third of the States which are a party to this Convention, the
Secretary-General of the United Nations to convene a conference with a view to the review of the
Convention.
Section 49
The Secretary-General shall transmit copy of this Convention to each of the
specialized organizations and the government of each of the Members of the United Nations.
ANNEX IV
UNITED NATIONS TO
THE EDUCATION, SCIENCE AND CULTURE
Standard clauses will apply to the United Nations Organization for the
Education, Science and Culture (henceforth designated by "the Organization") subject to the
following provisions:
1. The President of the Conference and the members of the Board of Directors of the
Organization, its alternates and advisors will benefit from the provisions of Article V and
of section 25, paragraph 2, I of Article VII, with the exception that any
waiver of immunity that applies to them, under the provisions of section 16,
is determined by the Board of Directors.
2. The Deputy Director-General of the Organization, your spouse and your minor children
shall also enjoy the privileges, immunities, exemptions and facilities granted to the
diplomatic envoys in accordance with International Law and guaranteed by the
Article VI, section 21, of the Convention to the Director-General of each specialized organization.
3. i) The experts (in addition to the officials mentioned in Article VI), when
carry out duties with the Organization's committees or when they fulfill missions to
the latter, shall enjoy the privileges and immunities mentioned in the measure in
which are necessary for them for the effective exercise of their duties, including during
the journeys made on the occasion of the exercise of their duties to those referred to
commissions or in the course of such missions:
a) Immunity of personal detention or seizure of your personal baggage;
b) Immunity of any legal proceedings in respect of acts by them
practiced in the exercise of their official duties (including their words
spoken and written); those interested will continue to benefit from the said immunity
even after they have left to perform duties with the committees of the
Organization or to have ceased to be in charge of assignments on account of
of the latter;
c) The same facilities, with respect to monetary regulations and
foreign exchange and their personal baggage, which granted them to the employees of the
foreign governments on temporary official mission.
ii) The privileges and immunities are granted to the experts in the interest of the
Organization and not to your personal advantage. The Organization can and should raise
the immunity granted to an expert in all cases in which he considers that such
immunity impairs the action of justice and can be raised without prejudice to the interests
of the Organization.