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RESOLUTION No. 38/X explanatory statement considering that Portugal is a party to the Convention on the privileges and immunities of the United Nations, adopted on 13 February 1946, having deposited its instrument of accession on 14 October 1998; Whereas the United Nations General Assembly adopted on 13 February 1946 a resolution aimed at unification of the privileges and immunities enjoyed by the United Nations and its various specialized agencies, having that effect adopted, on 21 November 1947, the Convention on the privileges and Immunities of the specialized agencies and its annexes; Whereas the accession to the Convention on the privileges and immunities of the specialized agencies and its annex IV-UNESCO accelerates and facilitates the national participation in the activities of UNESCO, as well as the implementation in our country of meetings within the framework of this organization; So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: article 1 Approves the Convention on the privileges and Immunities of the specialized agencies and its annex IV-UNESCO, adopted by the United Nations General Assembly on 21 November 1947, whose text, authenticated versions in the languages English and French as well as the Portuguese language translation thereof, if published in the annex.
Article 2 The text of the Convention is formulated the following reservation: the exemption set forth in subsection b) of section 19 does not apply to Portuguese nationals and residents in Portuguese territory who do not acquire this quality to the effect of the exercise of the activity.
Seen and approved by the Council of Ministers of 27 April 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency CONVENTION on the PRIVILEGES and IMMUNITIES of the SPECIALIZED AGENCIES, adopted by the United Nations General Assembly on 21 November 1947 _ _ _ _ _ _ _ _ _ _ _ FINAL TEXTS and REVISED TEXTS of ANNEXES (as approved by specialized agencies on April 1 1974) CONVENTION on the PRIVILEGES and IMMUNITIES of the SPECIALIZED AGENCIES adopted by the UN General Assembly Joined on 21 November 1947 whereas the UN General Assembly adopted on 13 February 1946 1 day resolution with a view to the unification as far as possible of the privileges and immunities enjoyed by the United Nations and the various specialized agencies;
Whereas there have been consultations between the United Nations and the specialized agencies for the implementation of that resolution;
As a result, by resolution 179 (II) adopted on 21 November 1947, the General Assembly adopted the following Convention, which is submitted for acceptance to the specialized agencies and for membership to all members of the United Nations, as well as all the other States members of one or more specialized agencies.
Article I definitions and scope 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 agencies" refer: a) to the International Labour Organization; (b)) to the United Nations food and agriculture; c) the United Nations Educational, scientific and Cultural Organization; d) to the International Civil Aviation Organization; and) to the International Monetary Fund; f) The International Bank for reconstruction and development; g) the World Health Organization; h) Universal Postal Union; I) the International Telecommunication Union; j) at any other organization linked to the United Nations under articles 57 and 63 of the Charter.
III) the word "Convention" in so far as they apply to a particular specialized agency, the standard clauses shall mean modified by the final (or revised) text of the annex transmitted by that organisation in accordance with the provisions laid down in sections 36 and 38.
IV) for the purposes of article III, the words "goods and assets" shall also apply to goods and funds managed by an organization that specializes in the performance of its mission organics.
v) for the purposes of articles V and VII, the expression "representatives" includes all representatives, alternate 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 agency" refers to the meetings: 1) of your House or your management body (regardless of the term used to designate); 2) of any Commission provided in its constituent instrument; 3) of any international conference convened by it; 4) of any Commission of any of the foregoing bodies.
VII) the term "director general" means the principal officer of the organization concerned, regardless of whether the title of director-general or any other.
Section 2 Any State which is a party to this Convention, in respect of any specialized agency within 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, grant to that organization privileges and immunities provided for by the standard clauses under the conditions specified therein, subject to any changes in these provisions the provisions of the final (or revised) text of the annex relating to that organisation and transmitted in accordance with sections 36 or 38.
Article II juridical personality Section 3 The specialized agencies shall possess juridical personality. Have the ability: to) to contract; b) to acquire and dispose of movable and immovable property; (d)).
Article III property, funds and assets Section 4 the specialized agencies, their property and assets, wherever they are and whoever its possessor, enjoy jurisdictional immunity except insofar as she has expressly waived in a particular case. It is understood however that the resignation is not extensible to implementing measures.
Section 5 The premises of the specialized agencies shall be inviolable. The property and assets of the specialized agencies, wherever they are and whoever the owner, are exempt from search, requisition, confiscation, expropriation or any other form of Executive, administrative, judicial interference or legislation.
Section 6 the archives of the specialized agencies and, in General, all documents belonging to him or in his possession shall be inviolable, wherever they are.
Section 7 without being subject to any kind of control, regulation or financial moratorium: a) the specialized agencies may have funds, gold or currency of any kind and have accounts in any currency; b) the specialized agencies may freely transfer their funds, gold or its currency from one country to another or within any country and convert any currencies that are holding in any other currency.
Section 8 in the exercise of the rights granted to him under section 7 above, each of the specialized agencies will take into account any notification to be made by the Government of any State which is a party to this Convention to the extent that you consider to be able to give follow-up without detrimental to their own interests.
Section 9 the specialized agencies, their assets, income and other property are: a) exempt from all direct taxes; It is understood, however, that the specialized agencies shall not exempt of taxes that are not more than the simple compensation of public services; b) exempt from all customs duties and any prohibitions and import or export restrictions in respect of articles imported or exported by the specialized agencies for their official use; It is 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) exempt from all customs duties and any prohibitions and restrictions on importation or exportation in respect of its publications.
Section 10 While the specialized agencies do not, as a general rule, claim exemption from indirect taxes and fees on the sale that incorporate the price of movable or immovable property, when, however, carry out for your official use significant purchases in the price included taxes of this nature, the States which are party to this Convention shall take, where this is possible appropriate administrative measures with a view to discount or refund of these taxes and fees.
Article IV communications Facilities
Section 11 each specialized organizations shall receive, for its official communications, in the territory of any State which is a party to this Convention which applies to that organisation, a treatment no less favourable than that which is granted by the Government of such State to any other Government, including its diplomatic representation in the matter of priorities, rates and taxes on the mail , radiotelegramas, telegrams, cables, telephotos, telephone and other communications, and press rates for information to the press and radio.
Section 12 the official correspondence and other official communications of the specialized agencies may not be subject to censorship. The specialized agencies shall be entitled to use codes as well as dispatch and receive its correspondence by post office or sealed bags, which shall enjoy the same privileges and immunities that the mail and diplomatic bags. This section cannot in any way be interpreted as an impediment to the adoption of appropriate security precautions to be determined by agreement between the State which is a party to this Convention and a specialized agency.
Article V Representatives of members Section 13 representatives of members at meetings convened by a specialized agency shall enjoy, during the performance of their duties and in their trips to and from the place of meeting, the following privileges and immunities: a) immunity from arrest or detention and from seizure of their personal baggage, and in respect of acts performed by them in their official capacity (including their 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 office or in sealed bags; d) exemption, for themselves and for their spouses, in respect of all restrictive measures relating to immigration, all the formalities for the registration of foreigners, and of all national service obligations in the countries they visited or passed through in the performance of their duties; and with regard to Facilities) restrictions or exchange currency equal to those accorded to representatives of foreign Governments on temporary official mission; f) immunities and facilities concerning the same personal luggage as are accorded to members of comparable rank of diplomatic missions.
Secção14 in order to guarantee that the representatives of the members of the specialized agencies at meetings convened by them complete freedom of speech and complete independence in the performance of their duties, the immunity from jurisdiction in respect of words spoken or written or acts performed by them in the performance of their duties will continue to be granted even after the expiry of the mandate of these people.
Section 15 where the incidence of a tax of any kind depend on the subject's residence, periods during which the representatives of the members of the specialized agencies at meetings convened by them on the territory of a member for the exercise of their functions shall not be considered as periods of residence.
Section 16 privileges and immunities are accorded to the representatives of members, not for your personal benefit, but so that they can ensure total independence in the performance of their duties within the framework of the specialized agencies. Therefore, a member has not only the right but also the duty to waive the immunity of its representative in any case where, in his opinion, such immunity prevents justice and can be waived without prejudice to the purpose for which it is granted.
Section 17 the provisions of sections 13, 14:15 do not apply to the authorities of the State of nationality of the person or of which it is or was a representative.
Article VI Officials Section 18 each specialized agency shall determine the categories of officials to which the provisions of this article and of article VIII. It will inform the Governments of all the States which are party to this Convention with respect to that organization, as well as to the Secretary-General of the United Nations. The names of the officials included in these categories shall be communicated periodically to the above mentioned Governments.
Section 19 officials of the specialized agencies: a) Enjoy immunity from jurisdiction with regard to acts performed by them in their official capacity (including words spoken and written); b) shall enjoy, in respect of salaries and emoluments paid to them by the specialized agencies, the same tax exemptions that are granted to the officials of the United Nations, and under the same conditions; (c)) shall not be subject, or their spouses and members of his family, to restrictive measures relating to immigration or to formalities for the registration of aliens; d) shall enjoy, in respect of exchange facilities, the same privileges that members of comparable rank of diplomatic missions; and shall enjoy, in) international crisis, as well as their spouses and dependent relatives, the same repatriation facilities as members of comparable rank of diplomatic missions; f) shall enjoy the right to import free of tax, your furniture and your personal property at the time of their first assumption of functions in the country concerned.
Section 20 officials of specialized agencies will be exempt from any obligation relating to national service. However, such exemption will be in relation to the States of their nationality, limited to employees of the specialized agencies which, by virtue of their functions, expressly designated in a list drawn up by the director-general of the specialized agency and approved by the State in question. In the event of a call to the national service of other officials of the specialized agencies, the State concerned shall provide, at the request of the specialized agency, the postponements that may prove necessary to avoid interruption of essential service.
21 section in addition to the privileges and immunities set out in sections 19 and 20, the director-general of each specialized agency, as well as any official acting on his behalf in his absence, both as regards itself as in respect to their spouse and minor children, will enjoy the privileges, immunities, exemptions and facilities accorded to diplomatic envoys, in accordance with international law.
Section 22 privileges and immunities are granted to officials in the interests of the specialized agencies only and not for his personal benefit. Each specialized agency can and should waive the immunity granted to an employee in all cases where, in their opinion, such immunity prevents justice and can be waived without prejudice to the interests of the specialized agency.
Section 23 each specialized agency shall cooperate permanently with the competent authorities of the Member States with a view to facilitating the proper administration of Justice, to ensure the observance of police regulations and prevent any abuse which may result from privileges, immunities and facilities mentioned in this article.
Article VII Abuses of privilege Section 24 If a State which is a party to this Convention considers that there has been abuse of a privilege or immunity granted by this Convention, consultations shall be held between that State and the specialized agency involved in order to determine whether there was in fact abuse and, if so, seek to prevent any repetition. If such consultations do not lead to a satisfactory outcome for the State and the specialized agency concerned, the question whether there has been abuse of a privilege or immunity will be taken before the International Court of Justice, as provided for in section 32. If the International Court of Justice concluded that such abuse, the State which is a party to this Convention and affected by such abuse shall have the right, after notification to the specialized agency concerned, grant leave, in its relations with this organization, the benefit of the privilege or immunity has been the subject of abuse.
Section 25 1. Representatives of members at meetings convened by specialized agencies, while exercising their functions and during their journeys to and from the place of meeting, as well as the employees referred to in section 18, shall not be required by the territorial authorities to leave the country in carrying out their functions as a result of activities carried out by them in their official capacity. However, in the case of a person abuse the privilege of residence exercising in that country activities unrelated to their official duties, may be required by the Government of the country abandoning him, subject to the following provisions: 2. I) representatives of members or people who enjoy diplomatic immunity under section 21 shall not be obliged to leave the country since diplomatic procedures are followed applicable to diplomatic envoys accredited in this country. II) in the case of an employee not to apply the provisions of section 21, any expulsion decision is taken without the approval of the Minister of Foreign Affairs of the country concerned, which approval shall be given only after consultation with the director-general of the specialized agency involved; and if you're going to open a process of expulsion against an employee, the director-general of the specialized agency shall have the right to intervene in this case in defense of the person against whom it is intended the process.
Article VIII laissez-passer Section 26 officials of the specialized agencies shall be entitled to use the United Nations laissez-passer in conformity with administrative arrangements to be negotiated between the Secretary-General of the United Nations and the competent authorities of the specialized agencies in which will be delegates special powers to issue laissez-passer. The Secretary-General of the United Nations shall notify each of the States which are party to this Convention, the administrative arrangements so concluded.
Section 27 The laissez-passer issued by the United Nations on behalf of officials of specialized agencies will be recognized and accepted as valid travel title by the States which are party to this Convention.
Section 28 applications for visas (where required) from officials of specialized agencies holding United Nations laissez-passer and accompanied by a certificate stating that these employees travel on behalf of a specialized agency shall be examined as soon as possible. In addition, will be granted to the holders of these transit facilities of quick trip.
Section 29 Facilities identical to those mentioned in section 28 shall be accorded to experts and other persons who, not being provided with a laissez-passer of the United Nations, with a certificate stating that travel on behalf of a specialized agency.
Section 30 the Directors-General of the specialized agencies, Deputy Directors-General, directors and other officials of hierarchical level at least equal to that of director of Department of the specialized agencies, travelling on behalf of the specialized agencies and provided with a laissez-passer of the United Nations, shall enjoy the same facilities for travel as members of comparable rank of diplomatic missions.
Article IX settlement of disputes Section 31 each specialized agency shall provide appropriate mechanisms for resolution of Disputes regarding: a) of contracts or other disputes of private law in which the specialized agency is a party; b) Disputes in which involved an official of a specialized agency, in accordance with their official status, enjoys immunity, if such immunity has not been waived in accordance with the provisions of section 22.
32 section any dispute raised by the interpretation or application of this Convention shall be brought before the International Court of Justice, unless the parties agree to resort to other means of resolution. If there is a dispute between one of the specialized agencies, on the one hand, and a Member State, on the other, will request an advisory opinion on any question of law raised, in accordance with article 96 of the Charter and article 65 of the Statute of the Court, and with the relevant provisions of the agreements concluded between the United Nations and specialized agency involved. The opinion of the Court will be accepted by the parties as final.
Article X annexes and application of Convention to each specialized agency Section 33 The standard clauses shall apply to each specialized agency, subject to any modifications arising from the final (or revised) text of the annex relating to that organisation, as provided in sections 36 and 38.
Section 34 the provisions of the Convention should be interpreted in relation to each of the specialized agencies, taking into account the duties are contained in its instrument of incorporation.
Section 35 draft annexes I to IX are recommendations to the specialized agencies that are expressly mentioned. In the case of a specialized agency which is not mentioned in section 1, the Secretary-General of the United Nations shall transmit to that organisation a draft annex recommended by the Economic and Social Council.
Section 36 the final text of each Annex shall be that which has been approved by the specialized agency concerned, in accordance with the procedure laid down in its instrument of incorporation. Each of the specialized agencies shall transmit to the Secretary-General of the United Nations a copy of annex I adopted, and which will replace the draft referred to in section 35.
Section 37 the present Convention becomes applicable to a specialized agency when it has transmitted to the Secretary-General of the United Nations the final text of the annex that concern and has notified that accepts the standard clauses modified by Annex and who undertakes to apply sections 8, 18, 22, 23, 24, 31, 32, 42 and 45 (subject to any modifications of section 32 which may be necessary to introduce in the final text of the annex to as with the constituent instrument of the Organization), as well as all the provisions of the annex which impose obligations to the organization. The Secretary-General shall communicate to all members of the United Nations as well as to all States members of the specialized agencies certified copies of all annexes transmitted to him pursuant to the provisions of this section and of revised annexes transmitted pursuant to the provisions of section 38.
Section 38 If, after having passed the final text of an annex in accordance with section 36, a specialized organization to adopt, in accordance with the procedure provided for in the constitutive instrument yours, certain amendments to that annex, shall transmit the revised text of the annex to the Secretary-General of the United Nations.
Section 39 the provisions of this Convention shall include any limitation and prejudice the privileges and immunities which have been, or may be granted by a State to an organization that specializes in virtue of this have established its headquarters or its regional offices in the territory of that State. This Convention shall not be construed to preclude the conclusion of additional agreements between a State party and a specialized agency with a view to adjusting the provisions of this Convention, to the extent or the limitation of the privileges and immunities granted by it.
40 section it is understood that standard clauses modified by the final text of an annex transmitted by a specialized organization to the Secretary-General of the United Nations in accordance with section 36 (or a revised attachment transmitted under section 38) must be in accordance with the provisions of the constituent instrument of the organization then in force, and that, if it is necessary to introduce an amendment in this instrument such amendment should have entered into force in accordance with the procedure laid down in the constituent instrument of the organization before the broadcast of the final (or revised) text of the annex. No provision of the instrument of incorporation of a specialized agency, or any right or obligation that this organization might otherwise possess, acquire or take over, can be repealed or made by effect of this Convention.
Article XI final provisions Section 41 accession to this Convention by a member of the United Nations and (subject to section 42) by any State member of a specialized agency shall be effected by depositing with the Secretary-General of the United Nations of an instrument of accession which shall take effect on the date of your deposit.
Section 42 each specialized agency involved shall communicate the text of this Convention as well as the annexes relating to its members who are not members of the United Nations; and invite them to join the Convention as far as you're concerned, by deposit of the required instrument of accession with the Secretary-General of the United Nations or of the director-general of the organisation concerned.
Section 43 each State party to this Convention shall designate in its instrument of accession the specialized agency or specialized organizations to which or to which undertakes to apply the provisions of this Convention. Each State which is a party to this Convention may, by subsequent written notification to the Secretary-General of the United Nations, undertake to apply the provisions of this Convention to one or several other specialized agencies. 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 that is party to this Convention and a specialized agency when it has become applicable to that organisation in accordance with the provisions of section 37 and the State party has assumed the commitment to apply the provisions of this Convention to that organisation in accordance with the provisions of section 43.
Section 45 the Secretary-General of the United Nations shall inform all States members of the United Nations, as well as all States members of the specialized agencies and the Directors-General of the specialized agencies, of the deposit of each instrument of accession received under the provisions of section 41 and of subsequent notifications received under the provisions of section 43. The director-general of each specialized agency shall inform the Secretary-General of the United Nations and the members of the organization involved the deposit of any instrument of accession deposited with him pursuant to the provisions of section 42.
Section 46 it is understood that, when it is deposited an instrument of accession or a subsequent notification on behalf of any State, this should be in a position to apply, in the light of its right, the provisions of this Convention, as modified by the final texts of all attachments pertaining to organizations included in the accessions or notifications above.
Section 47 1. Subject to the provisions in paragraphs 2 and 3 of this section, each State party to this Convention undertakes to apply the Convention to each of the specialized agencies included by that State in its instrument of accession or a subsequent notification, until a revised Convention or Annex becomes applicable to this organization and this State has accepted the Convention or annex so revised. 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, which shall take effect on the day of its receipt by the Secretary-General. 2. However, any State that is party to this Convention and which is not or has ceased to be a member of a specialized agency may address a written notification to the Secretary-General of the United Nations and the director-general of the organization involved informing them that intends to help grant this organization the benefit of this Convention from a particular date cannot precede in less than three months from the date of receipt of this notification. 3. Any State which is a party to this Convention may refuse to grant the benefit of this same Convention to a specialized agency which ceases to be linked to the United Nations. 4. The Secretary-General of the United Nations shall inform all States which are party to this Convention of any notification transmitted to him in accordance with the provisions of this section.
Section 48 at the request of one third of the States which are party to this Convention, the Secretary-General of the United Nations shall convene a Conference to review the Convention.
Section 49 the Secretary-General shall transmit a copy of this Convention to each of the specialized agencies and to the Government of each of the members of the United Nations. ANNEX IV United Nations Educational, scientific and cultural organisation The standard clauses shall apply to the United Nations Educational, scientific and Cultural Organization (hereinafter designated as "the Organization") subject to the following provisions: 1. The President of the Conference and the members of the Board of Directors of the Organization, their alternates and advisors will benefit from the provisions of article V and section 25 , paragraph 2, of article VII, except that any waiver of immunity that they apply, in accordance with the provisions of section 16, be determined by the Board of Directors. 2. The Deputy Director-General of the Organization, their spouse and their minor children shall enjoy the privileges, immunities, exemptions and facilities accorded to diplomatic envoys in accordance with international law and guaranteed by article VI, section 21, of the Convention to the director-general of each specialized agency. 3. i) experts (other than officials mentioned in article VI), while serving with the commissions of the organization or when complying with missions to the latter, shall enjoy the following privileges and immunities mentioned in so far as they are necessary for the effective exercise of their functions, including during journeys made in the performance of his duties with such commissions or in the course of these missions : a) immunity from personal arrest or seizure of their personal baggage; b) immunity from any judicial process in relation to acts performed by them in the performance of their official duties (including their words spoken and written); the parties concerned will continue to benefit from such immunity even after they have ceased to serve the Organization's committees or having ceased to be in charge of missions on behalf of the latter; c) the same facilities as regards monetary and exchange regulations and to their personal baggage, that granted to officials of foreign Governments on temporary official mission. II) privileges and immunities are granted to experts in the interests of the Organization and not for their personal advantage. The Organization could and should waive the immunity granted to an expert in all cases in which it considers that such immunity undermines the course of Justice and can be waived without prejudice to the interests of the organization.
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