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MOTION FOR RESOLUTION No. 56 /X

Recognizing the need to define themselves clearly and to make the regime more comprehensive

applicable for the European Organization for Nuclear Research, comummind

assigned by CERN (Conseil Européen pour la Recherche Nucléaire), while ente

legal on the international level, whether in touching on its employees, thus giving

cabal response to the issues that recurrently emerge from the pursuit of the

activities of that Organization;

Considering the progressive extension of the activities of the said Organisation to

territories of States Part of the Convention, with the consequent increase in mobility

of persons and goods allocated to their research programmes;

Considering that Portugal wishes to ensure the efficient performance of the functions of the

Organization defined in the Convention, in particular in Article II, which defines the purposes of

Organization, and ensure that this has an equal treatment in the territory of all the

State Part of the Convention;

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:

Approve the Protocol on Privileges and Immunities of the European Organization for the

Nuclear Research, signed in Geneva, on March 19, 2004, the text of which

authenticated version in the English language and respective translation for Portuguese language, if

publishes in annex.

Seen and approved in Council of Ministers of June 6, 2007

The Prime Minister

The Minister of State and Foreign Affairs

The Minister of the Presidency

The Minister of Parliamentary Affairs

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Preamble The States Parties to this Protocol, Considering the Convention for the Establishment of a European Organization for Nuclear Research (CERN) and the Financial Protocol thereof, signed on 1st July 1953, entered into force on 29 September 1954 and thereof on 17 January-September 1971; Considering that the Organization has its seat in Geneva, Switzerland, and that its status in Switzerland is defined by the Agreement between the Swiss Federal Council and the Organization dated 11 June 1955; Considering that the Organization is also established in France, where its status is defined by the Agreement between the Government of the French Republic and the Organization dated 13 September 1965, as revised on 16 June 1972; Considering also: the Convention between the Federal Council of the Swiss Confederation and the Government of the French Republic dated 13 September 1965 concerning the extension of the Organization's website to include French territory; Considering that the Organization's activities are extending extending into the territory of all the States Parties to the Convention, with a consequent substantial increase in the mobility of persons and goods assigned to and used for its research programmes; Desiring to ensure the efficient performance of the Organization's functions assigned to it by the Convention, in particular Article II defining the Organization's purposes, and to guarantee it equal treatment on the territory of all the States Parties to the Convention;

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Having resolved to this end, in accordance with Article IX of the Convention, to grant to the Organization the privileges and immunities necessary for the exercise of its official activities;

Have agreed as follows:

Article 1 Definitions

For the purpose of this Protocol: a) the "Convention" refers to the Convention for the

Establishment of a European Organization for Nuclear Research and the Financial Protocol thereof, signed on 1st July 1953, entered into force on 29 September 1954 and strengthon 17 January-September 1971;

b) the "Organization" refers to the European Organization for

Nuclear Research; c) "official activities" refers to the activities of the Organization

set out in the Convention, in particular its Article II, including its activities of an administrative nature;

d) "alleged" refers to the "members of personnel" as defined in

the Staff Rules and Regulations of the Organization; and) "Co-operation Agreement" refers to the bilateral agreement,

concluded between the Organization and a non-Member State or a scientific institute established in that State, defining the conditions governing its participation in the activities of the Organization;

f) "Association Agreement" refers to the bilateral agreement,

concluded between the Organization and a State ineligible to become a Member State, convince a close institutional partnership between that State and the Organization in order to allow it to be engaged more deeply in the activities of the

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Organization.

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Article 2 International legal personality

1. The Organization shall have international legal personality

and legal capacity on the respective territories of the States Parties to this Protocol.

2. The Organization shall in particular have the capacity to

contract, to acquire and to dispose of movable and immovable property and to participate in legal proceedings.

Article 3 Inviolability of grounds, buildings and premises

1. The grounds, buildings and premises of the Organization

shall be inviolable.

2. On the agent of the public authorities may enter them without the

express consent of the Director-General or his resignation authorised representative.

3. In case of fire or other disaster prompt protective prompt

action, where the seeking of such express consent is not practicable, the authorization of the Director-General may be considered as granted.

4. The Organization shall not allow its buildings or premises to

serves as a refuge to a person wanted for committing, attempting to commit or just having committed a crime or an offence or an offence or an offence or a warrant of arrest or deportation order has been issued or who has been issued or who has been convicted of a crime or offence by the competent authorities.

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Article 4 Inviolability of archives and documents

The archives of the Organization and all documents in whatever form held by the Organization or belonging to it, jointly located and by whomsoever held, shall be inviolable.

Article 5 Immunity from legal process and

from execution

1. In the exercise of its official activities, the Organization shall

enjoy banned from legal process, except:

a) in so far as such a case is waived in a particular case by

the Council of the Organization;

b) in respect of a claim by a third party for damage arising from

an accident caused by a motor vehicle belonging to, or

operated on behalf of, the Organization, or in respect of a

motor traffic offence involving such a vehicle;

c) in respect of the enforcement of an arbitration award made

under Article 16 or 18 of this Protocol;

d) in respect of a counter-claim relating directly to and infringement in the procedural framework of a claim brought by the Organization.

2. The Organization's property and assets, located located,

shall enjoy possession from every form of requisition, confiscation, expropriation, sequestration and any other form of seizure or interference whether by executive, administrative, judicial or legislative action, except:

a) in so far as such a case is waived in a particular case

by the Council of the Organization;

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b) in so far as far as may be temporarily necessary in connection with the prevention or investigation of accidents involving motor vehicles belonging to, or operated on behalf of, the Organization;

c) in the event of an attachment of salary, enforced for a

debt of an official of the Organization, provided that such an attachment results from a final and enforceable decision in accordance with the rules and regulations in force on the territory of enforcement.

Article 6 Fiscal and customs arrangements

1. Within the scope of its official activities, the Organization,

its property and income shall be exempt from direct taxes.

2. When, in the exercise of its official activities, the

Organization makes a sense of, or uses, goods or services of

substantial value, in the price of which taxes, duties or other charges

are included, appropriate measures shall be taken by the State Party

to this Protocol which has been paying the taxes, duties or other charges to

remit or punishment if the amount of such taxes, duties or other charges

where they are identifiable.

3. The quantities and exportation by or on behalf of the

Organization of goods and materials in the exercise of its official

activities shall be exempt from all import and export taxes, duties

and other charges.

4. On the exemption or reimbursement shall be granted for duties,

taxes or other charges of any kind which only

remuneration for services to be found.

5. The provisions of paragraphs 2 and 3 of this Article are not applicable to the purchase or use of goods or services or the import of goods intended for the personal use of the Organization of the Organization of the Organization.

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6. Goods and materials belonging to the Organization which have been acquired or imported in accordance with the provisions of paragraph 2 or 3 of this Article shall not be sold or donated on the territory of the State which has been granted the exemption except under the conditions laid down by that State.

Article 7 Free disposal of funds

The Organization may freely receive, hold and transfer any kind of funds,

currency and cash; it may dispose of them freely for its official activities

and hold accounts in any currency to the extent required to meet its

obligations.

Article 8 Official communications

The circulation of publications and other information material, received or

sent by the Organization in whatever form in the exercise of its official

activities, shall not be restricted in any way.

Article 9 Privileges and immunities of

the States representatives

1. The representatives of the States Parties to this Protocol

shall enjoy, in the exercise of their functions and in the course of

journeys to and from the place of meetings of the Organization, the

following privileges and immunities:

a) thereof from personal arrest, detention and seizure of their

personal effects;

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b) banned from legal process, even after the termination of

their mission, in respect of acts, including words spoken or

written, done by them in the exercise of their functions; this

a shall not apply, however, in the case of a motor

vehicle offence committed by a representative of a State Party

to this Protocol, nor in the case of damage caused by a motor

vehicle belonging to or driven by her or him;

c) inviolability of all official documents in whatever form held;

d) the right to use codes and to receive documents and

correspondence by courier or sealed thereof;

e) for them and their spouses, exemption from all measures

an entry and aliens ' registration thereof;

f) the same facilities concerning currency and exchange

regulations as those granted to the representatives of foreign

Government on temporary official missions;

g) the same customs facilities as a full-time their personal injury as

those granted to diplomatic agents.

2. No State Party to this Protocol shall be overcome to accord the

privileges and immunities set out in this Article to its own nationals

or to persons who, at the moment of taking up their duties in that

State Party, are permanent residents.

Article 10

Privileges and immunities of the immune

of the Organization

1. The remaining of the Organization shall enjoy a degree, even

after the termination of their functions, from legal process in respect

of acts, including words spoken or written done by them in the

exercise of their functions and within the limits of their duties. This

a shall not apply, however, in the case of a motor vehicle

offence committed by an official of the Organization nor in the case

of damage caused by a motor vehicle belonging to or driven by her

or him.

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2. The remaining of the Organization shall enjoy the following

privileges:

a) the right to import free of duty their furniture and personal

effects at the time of taking up their appointment with the

Organization in the State concerned and the right, on the

termination of their functions in that State, to export free of

duty their furniture and personal effects, subject, in both cases,

to the conditions proceeding by the laws and regulations of the

State where the right is concerned;

b)

i) subject to the conditions and following the procedures

laid down by the Council of the Organization, the

Resignation and the Director-General of the Organization

shall be subject to a tax, for the benefit of the

Organization, on solving and emoluments paid by the

Organization. Such a case and emoluments shall be

exempt from national income tax;

ii) the States Parties to this Protocol shall not be wed to

exempt from income tax pensions or annuities paid by

the Organization to its former directors and Directors-

General in respect of their service with the Organization;

c) for themselves and the family members forming part of their

household, the same exemption from immigration restrictions

and aliens ' registration claims are normally granted to

Thereof of international organizations;

d) inviolability of all official documents, in whatever form held;

e) for themselves and the family members forming part of their

household, the same repatriation facilities in time of

international crisis as the members of diplomatic missions;

f) in respect of transfers of funds and currency exchange and

customs facilities, the privileges generally granted to the

Reveals of international organizations.

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3. In the State Party to this Protocol shall be wed to accord the

privileges and immunities referred to in paragraphs 2 a), c), e) and f)

of this Article to its own nationals or to persons who, at the moment

of taking up their duties in that State Party, are permanent residents

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Article 11

Social security

The Organization and the organization employed by the Organization shall be

exempt from all compulsory contributions to national social security

schemes, on the understanding that such persons are provided with

equivalent social protection coverage by the Organization.

Article 12

Privileges and immunities of the Director-General

1. In addition to the privileges and immunities provided for in

Articles 10 and 11 of this Protocol, the Director-General shall enjoy

throughout the duration of her or her functions the privileges and

immunities granted by the Vienna Convention on Diplomatic

Relations of 18 April 1961 to diplomatic agents of comparable rank.

2. No State Party to this Protocol shall be overcome to accord the

privileges and immunities referred to in this Article to its own

nationals or to persons who, at the moment of taking up their duties

in that State Party, are permanent residents.

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Article 13

Object and limits of the immunities

1. The privileges and immunities provided for in Articles 9, 10

and 12 of this Protocol are granted to ensure the

unimpeded functioning of the Organization and the complete

independence of the persons to vulnerable they are vulnerable.

They are not granted for the personal benefit of the

individuals concerned.

2. Such immunities may be waived:

a) in the case of the Director-General, by the Council of the

Organization;

b) in the case of resignation, by the Director-General or the person

acting in her or his stead as provided in Article VI, paragraph 1

b), of the Convention;

c) in the case of State representatives, by the State Party

concerned;

and there is a duty to do so in any particular case where they would

prevents the course of justice and can be waived without prejudice to

the purpose for which they are being convicted.

Article 14

Co-operation with the States

Parties to this Protocol

The Organization shall co-operate with the competent authorities of the

States Parties to this Protocol in order to order the proper

administration of justice, the bankruptcy of laws and regulations on police,

public health, health and safety at work and on the environment, and to

prevent any abuse of privileges, immunities and facilities provided for in

this Protocol.

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Article 15

Security and public order

1. The right of a State Party to this Protocol to take precautionary

measures in the interest of its security shall not be prejudiced by any

provision in this Protocol.

2. If a State Party to this Protocol considers it necessary to take

measures for its security or for the maintenance of public order, it

shall , except where this is not practicable , approach the Organization

the rapidly as a rapidly allow in order to determine, by mutual

agreement, the measures necessary to protect the interests of the

Organization.

3. The Organization shall co-operate with the Government of such

State Party to this Protocol to avoid any prejudice to the security or

public order of such State Party to this Protocol banned from its

activities.

Article 16

Disputes of a private nature

1. The Organization shall make provision for appropriate modes

of settlement of:

a) disputes arising from contracts to which the Organization

is the party;

the Organization shall include, in all written contracts into

which it enters, other than those referred to in paragraph 1

d) of this Article, an arbitration clause under which any

disputes arising out of the interpretation or execution of

the contract shall, at the request of a party, be

submitted to arbitration or, if so agreed by the parties, to

another appropriate mode of settlement;

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b) disputes arising out of damages caused by the Organization

or involving any other non-contractual liability of the

Organization;

c) disputes involving an official of the Organization who

enjoys banned from legal process, if such a case

not been waived in accordance with the provisions of

Article 5 of this Protocol;

d) disputes arising between the Organization and its photographs;

the Organization shall submit all disputes arising from the

application and interpretation of contracts concluded with

About the Organization on the basis of the Staff Rules

and Regulations of the Organization to the jurisdiction of

the International Labour Organization Administrative

Court (ILOAT) or to any other appropriate international

administrative court to the jurisdiction of which the

Organization is submitted following a decision by the

Council.

2. For disputes for which in particular mode of settlement is

specified in paragraph 1 of this Article, the Organization may

resort to any mode of settlement it deems appropriate, in

particular to arbitration or to referral to a national court.

3. Any mode of settlement selected under this Article shall be

based on the principle of due process of law, with a view to the

timely, fair, impartial and binding settlement of the dispute.

Article 17

Disputes between States Parties to this Protocol

1. Any difference of opinion concerning the application or

interpretation of this Protocol which is not settled amicably between

the Parties may be submitted by either Party to an international

Arbitration Tribunal, in accordance with Article 19 of this Protocol.

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2. If a State Party to this Protocol has urged to submit a dispute to

arbitration, it shall notify the Director-General, who shall

immediately inform each other State Party to this Protocol of such

notification.

Article 18

Disputes between States Parties to this Protocol

and the Organization

1. Any difference of opinion between one or more States Parties to this

Protocol and the Organization concerning the application or

interpretation of this Protocol which is not settled amicably between

the Parties (one or more State (s) Party (ies) to this Protocol

constituting one Party to the dispute and the Organization

constituting the other Party) may be submitted by either Party to an

international Arbitration Tribunal, in accordance with Article 19 of

this Protocol.

2. The Director-General shall immediately inform the other States

Parties to this Protocol of the notification given by the Party

Arbitration for arbitration.

Article 19

International Arbitration Tribunal

1. The international Arbitration Tribunal referred to in Articles 17

and 18 of this Protocol ("the Tribunal") shall be thereof by the

the provisions of this Article.

2. Each Party to the dispute shall appoint one member of the

Court. The members thus, the members thus far shall choose a

third member, who shall be the Chairman of the Tribunal. In the

event of disagreement between the members of the Tribunal on

the choice of Chairman, the latter shall be overcome by the

President of the International Court of Justice at the request of

the members of the Tribunal.

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3. If one of the Parties to the dispute fails to appoint a member of

the Court and has not taken steps to do so within two months

following a request by the other Party, the other Party may

request the President of the International Court of Justice to

make the appointment.

4. The Tribunal shall determine its own procedure.

5. There shall be on the right of appeal against the award of the

Court, which shall be final and binding on the Parties. In the

event of a dispute concerning the import or scope of the award,

it shall be incumbent upon the Tribunal to give an interpretation

at the request of either Party.

Article 20

Implementation of the Protocol

The Organization may, if the Council of the Organization so decides,

Additional Agreements with one or more States Parties to this

Protocol in order to implement the provisions of this Protocol.

Article 21

The Procedure

1. Surround to this Protocol may be proposed by any State Party to

the Convention and shall be appointed by the Director-General

of the Organization to the other States Parties to this Protocol.

2. The Director-General shall convene the meeting of the States Parties to

this Protocol. If the meeting has died, by a overwhelming majority of the

States Parties present and voting, the proposed text of the

how to be, it shall be forwarded by the Director-General to States

Parties to this Protocol for acceptance in accordance with their

respective constitutional requirements.

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3. Any such activist shall eat into force on the thirtieth day after

all States Parties to this Protocol have notified the Director-General

of their ratification, acceptance or approval rating.

Article 22

Particular Agreements

1. The provisions of this Protocol shall not limit or prejudice the

provisions of other international agreements concluded between the

Organization and a State Party to this Protocol by reason of the

location in the territory of that State Party of its headquarters,

regional offices, laboratories or other installations. In case of conflict

between the provisions of this Protocol and those of such an

international agreement, the provisions of that international

agreement shall be reported.

2. Nothing in this Protocol shall be aged States Parties to this Protocol

from other international agreements with the

Organization widening, supplementing, extending or amplifying

the provisions of this Protocol.

Article 23

Signature , ratification and accession

1. This Protocol shall be open for signature from 19 December 2003

until 19 December 2004 by the States Parties to the Convention and

by the States which have concluded a Co-operation or an

Association Agreement with the Organization.

2. This Protocol shall be subject to ratification, acceptance or approval

by signatory States. The instruments of ratification, acceptance or

approval shall be appointed with the Director-General of the United

Nations Educational, Scientific and Cultural Organization

(UNESCO).

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3. This Protocol shall remain open for accession by the States Parties to

the Convention and by the States which have concluded a Co-

operation or an Association Agreement with the Organization. The

instruments of accession shall be appointed with the Director-

General of the United Nations Educational, Scientific and Cultural

Organization (UNESCO).

Article 24

Entry into force

1. This Protocol shall enter into force thirty days after the date on

which the twelfth instrument of ratification, acceptance, approval or

by the State Party to the Convention is being reported.

2. For each State ratifying, approving, approving or acceding to this

Protocol after its entry into force, this Protocol shall enter into force

on the thirtieth day following the deposit with the Director-General

of the United Nations Educational, Scientific and Cultural

Organization (UNESCO) of its instrument of ratification,

acceptance, approval or approval.

Article 25

Notification

The Director-General of the United Nations Educational, Scientific and

Cultural Organization (UNESCO) shall notify all signatory and acceding

States of this Protocol and the Director-General of the Organization of the

deposit of each instrument of ratification, acceptance, approval or

Accession, of the entry into force of this Protocol, as well as of any

notification of its denouncing.

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Article 26

Registration

The Director-General of the United Nations Educational, Scientific and

Cultural Organization (UNESCO) shall, upon the entry into force of this

Protocol, register it with the Secretariat of the United Nations in

accordance with Article 102 of the Charter of the United Nations.

Article 27

Denounation

Any State Party to this Protocol may, at any time, by written notification

Educated to the Director-General of the United Nations Educational,

Scientific and Cultural Organization (UNESCO), denounce this Protocol.

The denouncing shall take effect on the date of a year after the date of

receipt of such notification, unless the notification has published a later date.

IN WITNESS WHEREOF , the undersigned representatives, having been

Authorized authorized by their respective governments, have signed this

Protocol.

Done at Geneva, on 18 March 2004, in the English and French languages,

both texts being equally authoritative and experienced in the archives of the

United Nations Educational, Scientific and Cultural Organization

(UNESCO), the Director-General of which shall transmit a certified copy

to all signatory and acceding States.

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PROTOCOL ON PRIVILEGES AND IMMUNITIES OF THE ORGANIZATION

EUROPEAN FOR NUCLEAR RESEARCH

PREÂMBS

The States Party to this Protocol;

Considering the Convention for the Establishment of a European Organization for

the Nuclear Research (CERN) and the Financial Protocol annexed to it, signed at 1

of July 1953, with commencement effective September 29, 1954 and revised 17 from

January 1971;

Considering that the Organization has its headquarters in Geneva, Switzerland, and that its

statute in Switzerland is defined by the Agreement between the Swiss Federal Council and the

Organization, dated June 11, 1955;

Considering that the Organization is also established in France, where its

status is defined by the Agreement between the Government of the French Republic and the

Organization, dated September 13, 1965, revised June 16, 1972;

Considering, equally, the Convention between the Federal Council of Confederation

Switzerland and the Government of the French Republic, dated September 13, 1965,

concerning the extent of the activities of the Organization on French territory;

Considering the progressive extension of the activities of the Organization to the territories of the

States Part of the Convention, with the consequent increase in the mobility of persons and

goods allocated to their research programmes;

Desiring to ensure the efficient performance of the Organization functions provided for in the

Convention, in particular in Article II, which defines the purposes of the Organization, and guarantee

that an equal treatment in the territory of all State Party of the Convention;

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They decide, with this purpose and in accordance with Article IX of the Convention,

assign to the Organization the privileges and immunities necessary for the exercise of its

official activities;

They agree on the following:

ARTICLE 1º

DEFINITIONS

For the purposes of this Protocol:

a) "Convention" designates the Convention for the Establishment of the Organization for

the Nuclear Research and the Financial Protocol annexed to it, signed to 1 of

July 1953 and in force since September 23, 1954 and modified in 17

of January 1971;

b) "Organisation" designates the European Organization for Nuclear Research;

c) "Official activities" designates the activities of the Organization listed in the

Convention, in particular in its Article II, including those of a nature

administrative;

d) "Employees" designates the "members" as defined in the Standards and

Regulations of Employees of the Organization;

e) "Cooperation Agreement" means a bilateral agreement, concluded between the

Organization and a non-Member State or an established scientific institution

in that State, setting out the conditions governing its participation in the

activities of the Organization;

f) "Membership Agreement" means a bilateral agreement, concluded between the

Organization and an ineligible State as a Member State, establishing a

close institutional relationship between the State and the Organization, so as to allow

that a more effective participation in the activities of the Organization.

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ARTICLE 2º

International Legal Personality

1. The Organization enjoys international legal personality and capacity

legal in the territories of States Party in this Protocol.

2. In particular, the Organization enjoys the ability to hire, acquire and dispose

of movable and immovable property, as well as of being, by themselves, in judgement.

ARTICLE 3º

Inviolability of precincts, buildings and facilities

1. The precincts, buildings and facilities of the Organization are inviolable.

2. No agent of public authorities will be able to have access to those without

express consent of the Director-General, or of a representative

duly authorized.

3. In the event of a fire, or other disaster that requires immediate action and achievement

of such express consent is not possible, may the same be considered

obtained.

4. The Organization shall not allow its buildings or facilities to serve as a

refuge the person wanted for having committed, try to commit or just finished

commit crime or transgression, on which to impending search warrant or

has been issued arrest order or deportation, or who has been convicted

for crime or transgression by the competent authorities.

ARTICLE 4º

Inviolability of Files and Documents

The files of the Organization and all the documents by it held in any form,

or who belong to you, wherever you meet and regardless of who of them

have possession, are inviolable.

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ARTICLE 5º

Immunity of jurisdiction

1.No exercise of its official activities, the Organization benefits from immunity from

jurisdiction, except:

a) when such immunity is the subject of resignation, in the concrete case, by the Council of the

Organization;

b) when it is due to civil proceedings brought by third party, for damages resulting from

accident caused by motor vehicle owned or used in the name of the

Organisation, or in what touches the offence of traffic rules involving the said

motorized vehicle;

c) when it deals with the execution of an arbitral sentence handed down under the Article

16º or 18º of this Protocol;

d) when it deals with dispute deduced in the context of proceedings brought by the

Organization.

2. The property owned by the Organization, wherever they find themselves, shall enjoy

immunity in respect of any form of requisition, forfeiture, expropriation,

Penalty or any other action of appropriation, or interference , want to be executive,

administrative, judicial or legislative, except:

a) when such immunity has been the subject of resignation, in the concrete case, by the

Board of the Organization;

b) when this is, temporarily, necessary, in the context of prevention and

accident investigation, involving motorised vehicles belonging to the

Organization, or used in your name;

c) in the case of salary penhour, by debt of an employee of the Organization,

as long as such a penhour results from a final and enforceable court decision, in the

terms of rules and regulations in force in the territory of execution.

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ARTICLE 6º

Tax and Customs Provisions

1. Within the scope of its official activities , the Organization , your goods and recipes

are exempt from direct taxes.

2. When, in the exercise of its official activities , the Organization acquis or

use goods or services of significant value, the cost of which includes taxes,

rights or other charges, the State Party in this Protocol shall take the measures

appropriate to proceed to the refund of the said taxes, rights or

other charges, as long as identifiable.

3. The import and export by the Organization, or in the name of this, of goods and

materials, in the exercise of their official activities, are exempt from all

import and export taxes, duties or other charges.

4. They will not be granted exemptions or refunds relating to taxes, fees or

other charges of any nature, when they constitute, only, remunerations

for services provided.

5. The stipulation in paragraphs 2 and 3 of this Article shall not apply to the acquisition or

to the use of goods and services or to the import of goods intended for use

staff of the officials and the Director-General of the Organization.

6. The goods and materials belonging to the Organization, acquired or imported in

compliance with the provisions of paragraphs 2 and 3 of this article, only

may be sold or yielded in the territory of the State which granted the exemption

in the conditions fixed by this.

ARTICLE 7º

Free Arrangement of Funds

The Organization may freely receive, detain and transfer any kind of funds,

currency or cash, and may have them freely available for their official activities

and own bank accounts in any currency, to the extent necessary to compliance

of your obligations.

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ARTICLE 8º

Official Communications

The circulation of publications and other informative materials, received or exclaims

by the Organization, under which it wants to form in the exercise of its official activities, not

may be restricted, in no way.

ARTICLE 9º

Privileges and immunities of the representatives of the States

1. The representatives of States Party to this Protocol shall enjoy the following privileges

and immunities, in the performance of their duties and in the course of their displacements of and for

the locations of the Organization meetings:

a) immunity from arrest, detention and seizure of your personal property;

b) jurisdictional immunity even beyond the end of its mission, in that it touches upon the

acts practiced in the exercise of their duties, including oral statements or

written, except in the case of infringements of the rules of road traffic

committed by representative of the State Party, or for damage caused by vehicle

automobile owned or driven by it;

c) inviolability of all official documents in their possession;

d) right to the use of codes and reception of documents and correspondence by

mail or sealed suitcase;

e) exemption, for the own and their spouses , of all restrictive measures

of entry and formalities of registration of foreigners;

f) equal conditions, with respect to monetary or foreign exchange regulations, to

enjoyed by the representatives of foreign governments on official missions

temporary,

g) identical conditions in customs matters, those provided to the agents

diplomatic, in the case of personal baggage;

2-No State Party Party of this Protocol shall be obliged to offer the privileges and

immunities that are listed in this Article, to their nationals, or to individuals who are

residents in that state, when they start there roles.

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ARTICLE 10º

Privileges and immunities of the employees of the Organization

1. Organization officials enjoy immunity, even after cessation

of its functions, of jurisdiction relating to practiced acts, including

oral statements or written in the exercise of their duties, and within the framework of their

duties. However, such immunity does not apply in the case of an offence caused by

motor vehicle and committed by employee, from the Organization, nor from damage

caused by motor vehicle owned or by you conducted.

2. Employees of the Organization shall enjoy the following privileges:

a) right to import, with franchise of rights, its furniture and personal property,

upon the commencement of the performance of duties, at the service of the Organization, in the

referred to and the right, by ceasing functions in that State, to be exported, with

franchise of rights, its furniture and personal property, without prejudice, in a and

in another case, of the conditions imposed by the laws and regulations of the State in which

such right is exercised;

b)

i. by the conditions and procedures determined by the Council

of the Organization, the salaries and emoluments of the officials and of the

Director-General, paid by the Organization, will be the subject of a

tax, reversing in favour of this, and from a tax exemption

national on income.

ii. States Party to this Protocol are not required to grant

exemption from income tax on pensions or

annuities paid by the Organization to its former employees and

General Directors, for services by these provided to the Organization.

c) The same exemption for you and the members of your household from

restrictions on emigration and registration formalities of foreigners, in

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conditions identical to those granted to the employees of Organizations

International.

d) Inviolability of all official documents in their possession under any

shape;

e) The same repatriation facilities, for themselves and for the household members

family in time of international crisis that granted them to the members of the

diplomatic missions;

f) With respect to the transfer of funds, foreign exchange transactions and fees

customs, the same privileges as those normally granted to the

employees of international organizations;

3. No State Party in this Protocol is obliged to grant the privileges and

immunities, constants in the number 2 (a), (c), and (f) of this Article, to their

national or individuals who are residents in that state when they start there

functions.

ARTICLE 11º

Social Security

The Organisation and its officials are exempt from all forms of

mandatory contributions to national social security systems, in the

assumption that benefit from equivalent social protection provided by the

Organization.

ARTICLE 12º

Privileges and Immunities of the Director-General

1. In addition to the privileges and immunities listed in Articles 10º and 11º of the

this Protocol, the Director-General benefits, in the course of his or her mandate of the

privileges and immunities granted by the Vienna Convention on Relations

Diplomatic, from April 18, 1961 to diplomatic agents of equivalent level.

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2. No State Party in this Protocol is obliged to grant the privileges and

immunities that appear in this article, to its nationals, or to individuals who, at the date

of the beginning of functions in that state, there are permanent residents.

ARTICLE 13º

Subject and Limit of Immunities

1. The privileges and immunities that appear in Articles 9, 10 and 12 of the Protocol are

only granted in such a way as to ensure the operation of the Organization and the total

independence of the individuals to whom they are granted. They are not granted for

personal benefits of the individuals in question.

2. Such immunities can be lifted:

a) in the case of the Director-General, by the Council of the Organization;

b) in the case of officials, by the Director General or by whom the substitute us

terms of Article VI, number 1. (b) of the Convention;

c) in the case of the representatives of the States, by the States;

and there is an obligation to do so in any concrete case that is liable to prevent the normal course

of justice and hence it does not result in injury to the purpose that substantiated its concession.

ARTICLE 14º

Cooperation with States Party in this Protocol

The Organization cooperates with the competent authorities of the States Party in the present

Protocol to facilitate the appropriate administration of justice, the observance of

laws and regulations of public health, health and safety at work and environment and

prevent abuse of privileges and immunities provided by this Protocol.

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ARTICLE 15º

Security and Public Order

1. No provision of this Protocol may prejudice the right of the State

Part of taking preventive measures in the interest of your safety.

2. If a State Party in this Protocol considers necessary the adoption of measures

for your safety or for the maintenance of the public order, you should contact the

Organization, as quickly as the circumstances permit, so as to,

by mutual agreement, take the necessary measures for the protection of the interests of the

Organization, except where this is impracticable;

3. The Organization cooperates with the Government of that State Party, so as to avoid

any injury to safety and public order, resulting from its

activities.

ARTICLE 16º

Disputes of a private nature

1. The Organization shall ensure the appropriate mechanisms for the resolution of:

(a) disputes that result from contracts in which the Organization is a party;

The Organization shall include, in all written contracts in which it is party, in addition

of those referred to in number 1. point (d) of this article, an arbitration clause

according to which any dispute which adheres to the interpretation or execution of the

contract will be, by solicitation of either party, submitted to arbitration or, if

Such is agreed by the parties, to another appropriate mode of resolution;

(b) disputes that arise from damage caused by the Organization or involving

any other extra liability-contractual;

(c) Disputes involving an employee of the Organization that enjoys immunity from

jurisdiction, should such immunity have not been raised, in the terms provided for in the

article 5º of this Protocol;

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(d) disputes between the Organization and its officials;

The Organization shall submit all disputes deridees from the application and

interpretation of contracts concluded with officials of the Organization,

based on the Standards and Regulations of Employees of the Organization, à

jurisdiction of the Administrative Court of the International Labour Organization

(OITTA), or to another appropriate international administrative court, to whose

jurisdiction the Organization submits itself by decision of the Council.

2. In the case of disputes for which no mechanism is provided for

particular to resolution in paragraph 1 of this article, the Organization may draw upon the

resolution mechanism that understands appropriate, namely arbitration

or recourse to national court.

3. Any resolution mechanism, chosen in the terms of this article, be based-

á in the principle of legality, with the aim of achieving a resolution

binding, fair and impartial, within a reasonable time.

ARTICLE 17º

Disputes between States Party

1. Any difference of opinion, in the case of the application or interpretation of this

Protocol, which is not resolved amicably between the parties, may be

submitted by both parties to an International Arbitral Tribunal, on the terms

of Article 19 of this Protocol.

2. If a State Party decides to submit a dispute to arbitration, it shall notify the

Director General who will give notice, immediately, to each State Party in this

Protocol.

ARTICLE 18º

Disputes between the States Party and the Organization

1. Any difference of opinion between one or more States Party to this Protocol and

the Organization, in that it touches upon the application or interpretation of this Protocol, and

that it cannot be the subject of amicable agreement between the parties (being one of

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parts one or more States Party to this Protocol and the other the Organization) may

be submitted by either of the parties to an Arbitral Tribunal, pursuant to the

article 19º.

2. The Director-General shall, immediately, inform the other States Party in this

Protocol, of the notification given by the party making use of the arbitration.

ARTICLE 19º

International Arbitral Tribunal

1. The International Arbitral Tribunal referred to in Articles 17 and 18 of this Protocol

("The Tribunal") is governed by the provisions of this article.

2. Each Party to the dispute shall appoint a member of the Tribunal.

The appointed members will choose between them a third member who will be the

President of the Court. Should there be disagreement among the members of the Court

as to the choice of the President, this will be appointed by the President of the Court

International of Justice, the solicitation of the members of the Court.

3. If one of the parties to the dispute does not appoint the member of the Tribunal, and if it does not

in the two months following the request of the other party, the latter may apply for the

President of the International Court of Justice who nominates him.

4. The Court shall lay down its procedural rules.

5. There will be no appeal of the Court's decision, which will be final and binding on the

parts. In the litigation hypothesis concerning the content or scope of the decision, it will compete for the

Court interprets it the solicitation of either party.

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ARTICLE 20º

Implementation of the Protocol

The Organization may, should the Council of the Organization decide it, conclude Agreements

additional, with one or more States Party to this Protocol, so as to realize the

its provisions.

ARTICLE 21º

EMENDAS

1. Amendments may be proposed to this Protocol by any State Party

in the Convention, which shall be communicated by the Director-General of the Organization

to the remaining States Party in this Protocol.

2. The Director-General shall convene a meeting of the States Party to the present

Protocol. If the proposed text of amendment is adopted by a majority of two

thirds of the states present and voting, shall be transmitted, by the Director General,

to the States Party for approval, pursuant to their respective requirements

constitutional.

3. Any amendment will enter into force on the thirtieth day after notification to

Director-General, on the part of all States Party to this Protocol, of his

ratification, acceptance or approval.

ARTICLE 22º

Specific Agreements

1. The provisions of this Protocol shall not limit or prejudice the

provisions of other international agreements concluded between the Organization and

a State Party in this Protocol, depending on the location, in the territory of that

State, from its headquarters, regional offices, laboratories or other facilities. In

case of conflict between the provisions of this Protocol and those of one another

international agreement, the provisions of that international agreement will prevail.

2. No provision of this Protocol shall be provided by the States Party in this

Protocol to conclude other international agreements with the Organization with

a view to the reaffirmation, addition, extension or extension of its provisions.

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ARTICLE 23º

Signature, Ratification and Accession

1. This Protocol is open for signature, between December 19, 2003 and 19

December 2004 by the States Party to the Convention and by the States that have

concluded a Cooperation Agreement or Association Agreement with the Organization.

2. This Protocol shall be subject to ratification, acceptance or approval by the States

signatories. Instruments of ratification, acceptance or approval shall be deposited

to the Director-General of the United Nations Educational, Scientific and

Culture (UNESCO).

3. This Protocol shall remain open to accession by States Party to the Convention and

by states that have concluded Cooperation or Association Agreements with the

Organization. The instruments of accession shall be deposited with the Director-General of the

United Nations Educational, Scientific and Cultural Organization (UNESCO).

ARTICLE 24º

Entry into force

1.O this Protocol shall enter into force thirty days after the date of the deposit of the tenth

second instrument of ratification, acceptance, approval or accession by a State

Part of the Convention.

2.Para each State Party which ratifies, accepts, approves or acceates to this Protocol,

subsequent to its entry into force, this will enter into force on the thirtieth day after

to the deposit of its instrument of ratification, acceptance or accession with the Director

General of the United Nations Educational, Scientific and Cultural Organization

(UNESCO).

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ARTICLE 25º

Notification

The Director-General of UNESCO shall notify all of the signatory and adhering States of this

Protocol and the Director-General of the body of the deposit of each instrument of

ratification, acceptance, approval or accession, of the entry into force of this Protocol,

as well as from any notification of your complaint.

ARTICLE 26º

Registration

After the entry into force of this Protocol, the Director-General of the Organization of the

United Nations for Education, Science and Culture (UNESCO), will register it with the

Secretariat of the United Nations, in accordance with Article 102 of the Charter of Nations

United.

ARTICLE 27º

Denunciation

Any State Party to this Protocol may, at any time, denounce the

Protocol, by written notification addressed to the Director-General of the Organization of Nations

United for Education, Science and Culture (UNESCO). The complaint will produce effects on the

date on which to be completed one year after receipt of the notification, except when such

notification indicates another later date.

IN TESTAMENDMENT THAN , the undersigned representatives, who were

duly authorized by their respective Governments to sign the present

Protocol.

Done at Geneva, on March 18, 2004, in the English and French languages, being both

the equally official texts and deposited in the archives of the Organization for the

Education, Science and Culture of the United Nations (UNESCO), whose Director-General

will transmit certified copy of the same to all States its signatories, or

adherents.