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Proposal for Law No 291 /XII

Exhibition of Motives

This Law comes, in line with the statuary in Law No. 2/2013 of January 10,

which established the legal regime for the creation, organisation and operation of the associations

public professionals, amend the Statute of the representative professional public association

of the official dispatchers, currently designated by the Chamber of Official Despachers

(CDO), approved by the Decree-Law No. 173/98 of June 26, as amended by the Decrees-

Laws No 73/2001, of February 26, and 228/2007, of June 11.

Revealing a logical and natural corollary resulting from the ever higher requirement in the

qualification of the professionals it represents in exclusive and without ever letting go of the norm

by the public assignments that it targets, the present law proceeds to the transformation of the CDO into

Order of the Official Despachers.

The CDO was instituted by the Decree-Law No. 31665 of November 22, 1941, which

has approved the customs reform, and constituted by Decree No 34514 of April 20, 1945,

that, for the first time and autonomously, it adopted its Statutes and enshrined it

CDO as the only official entity of legal representation of all dispatchers

Portuguese officers.

Afterwards, seeking to compatibilize and appropriate the rules regarding the exercise of the

occupation of official dispatcher with the nature of public association that the CDO has,

o Decree-Law No. 450/80 of October 7 approved the new Statutes of the CDO, which

were subsequently revoked by the Decree-Law No. 173/98 of June 26, which

approved the Statute of the CDO, diploma that was in the meantime changed by the Decrees-Laws

n. ºs 73/2001, of February 26, and 228/2007, of June 11.

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Over the course of more than half a century of existence, the CDO has been developing its structure,

broadened its activity for the European Union and for the World, being represented today

in all major international organizations, being to highlight, in this framework, the

World Organization of Official Despachants, the Ibero-Latin American Organization of

Dispatchers, the International Federation of Despachers ' Associations, the Association

European Logistics, Transport and Customs Services and the European Association of

Dispatcher Officers, further integrating various working groups and institutes.

In The Customs Code of the Union, approved by Regulation (EU) No 952/2013, of the

European Parliament and of the Council of October 9, 2013, has been recognized and defined,

for the first time, the figure of the customs representative, designation used generically to

Community level, coincident in Portugal with the profession of official dispatcher, whose

functions are even wider than those strictly committed to the figure of the

customs representative, which does not cease to constitute an acknowledgement of relief to

level of the profession, to which it has already been regulated in Portugal for about a century and

medium.

It is in this context that the changes to be made to the Regulations of the Association are justified

Representative Professional of the Customs Representatives, in Portugal designated

by official dispatchers, guided by degrees of higher academic requirement, from

competence and fundamental technical capacity for the new challenges of the trade

international and capable of constituting the appropriate support to the legislative requirements,

regulatory and procedures with which they are confronted on a daily basis.

As the general traits of this law, it matters to highlight the transformation of the Chamber into

Order, and, at the level of the respected Statute, the creation, as an independent body, of the

bastonary, the creation of the tax council, the integration of the principles and rules of the ontological,

the realization of the sanctions, the introduction of the regime of societies and the creation of the counter

single.

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The foregoing of the Statute of the Order of Official Despachers was drawn up by the

public professional association representative of the official dispatchers.

The House of the Official Despachers were heard, the National Commission for Protection of

Data and the Insurance Supervision Authority and Pension Funds.

Thus:

In accordance with Article 53 (5) of Law No 2/2013 of January 10 and of the d ) from the

n Article 197 (1) of the Constitution, the Government presents to the Assembly of the Republic a

the following proposed law:

Article 1.

Object

This Law proceeds to the transformation of the House of Despachers Officers in Order

of the Official Despachers, and amends the respective Statute, approved by the Decree-Law

n. 173/98 of June 26, as amended by Decrees-Laws 73/2001 of February 26,

and 228/2007, of June 11, in accordance with Law No. 2/2013 of January 10, which

establishes the legal regime for the creation, organization and operation of the associations

professional public.

Article 2.

Amendment to the Statute of the House of Official Despachers

The Statute of the House of Despachers Officers, approved by the Decree-Law No. 173/98,

of June 26, as amended by the Decrees-Laws 73/2001, of February 26, and 228/2007,

of June 11, passes to be designated Status of the Order of Official Despachers and to have the

constant essay in Annex I to this Law and of which it is an integral part.

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Article 3.

Succession

1-A Order of the Despachantes Officers succeeding in the legal personality and the purposes of

Chamber of the Official Despachers, constituted by Decree No. 34514, of April 20 of

1945.

2-All legal and regulatory references to the House of Despachers Officers or the

Status of the House of Official Despachers should be considered as made,

respects, to the Order of the Official Despachers and to the Statute of the Order of the

Official dispatchers.

3-Official dispatchers members of the House of Official Despachers go on to be

considered members of the Order of the Official Despachers and assume the respects

rights and obligations.

4-Professional societies of currently existing official dispatchers keep up

valid until their extinction, being, however, any societary change or

administration subject to compliance with the provisions of the Statute of the Order of the

Dispatcher Officers listed in Annex I to this Law.

Article 4.

Transitional arrangement

1-Until the elections of the holders of the organs of the Order of the Despachers Officers, who, without

prejudice to the time limits for elections, must compulsorily occur within six

months after the entry into force of this Law, the respective duties are ensured

interinally by the current holders of the existing bodies, taking over the President of the

directional board the functions of bastonary and the deontological board and scrutinizer, in

set with the official reviewer of accounts appointed by the board of directors, those that

compete for the tax council.

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2-Can enroll in the Order of the Despachantes Officers the candidates approved in the

course of training and access to the profession of official dispatcher or in the proof of

equivalence already performed and which have not yet proceeded to their enrollment in the Chamber

of the Official Despachers, as long as they do so within five years, from the date

of the entry into force of this Law, and they fulfil the requirements laid down in Article 60.

of the Statute listed in Annex I to this Law.

Article 5.

Abrogation standard

They are revoked:

a) The Decree-Law No. 445/99 of November 3, amended by the Decree-Law

n. 73/2001 of February 26;

b) All the other legal provisions contrary to the Statute set out in Annex I to

present law and that it is an integral part of it.

Article 6.

Republication

It is republished, in Annex II to this Law and of which it is an integral part, the Decree-Law

n. 173/98, of June 26, with the current essay.

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Article 7.

Entry into force

This Law shall come into force 30 days after its publication.

Seen and approved in Council of Ministers of March 12, 2015

The Prime Minister

The Minister of the Presidency and Parliamentary Affairs

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ANNEX I

(referred to in Article 2)

STATUS OF THE ORDER OF THE OFFICIAL DISPATCHERS

CHAPTER I

General provisions

Article 1.

Nature and legal regime

1-A Order of the Despachers Officers, henceforth designated by Order, is the association

professional representative public representative of all who, in accordance with the provisions of the

present Statute and in the remaining applicable legal provisions, carry out the activity

professional of the official dispatcher, which includes that of customs representative, nos

terms of the right of the European Union.

2-A Order is a collective person of public law who, in the exercise of his powers

public, practise the administrative acts necessary for the performance of their duties and

approves the regulations provided for in the Act and in this Statute.

3-Ressalved the cases provided for in the law, the acts and regulations of the Order are not

subject to government approval.

4-A Order has own heritage and own finances, as well as of

budgetary autonomy.

Article 2.

Geographical scope and headquarters

1-A Order has a national scope and its registered office in Lisbon.

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2-A Order has devolved administrative services in Porto, or in others

places, in the terms of internal regulation.

Article 3.

Attributions

Are attributions of the Order:

a) Defend the general interests of the recipients of the services;

b) Defend the legitimate rights and interests of its members, with respect to the

exercise of professional activity;

c) To regulate the access and exercise of professional activity on national territory;

d) Organizing the courses and exams of access to professional activity, provided for in the law

and in this Statute;

e) Assign in exclusive the professional title of official dispatcher;

f) Assign, when there are, prizes or honorific titles;

g) Elaborate and keep up to date the official record of official dispatchers;

h) Exercising the disciplinary power over its members;

i) Promoting professional outreach, specifically information and

training;

j) To promote support and solidarity among its members;

k) Collaborate with the Public Administration in pursuing purposes of interest

public related to the profession;

l) To ensure the dignity and prestige of professional activity;

m) Participate in the drafting of legislation that concerns the legal requirements of

access and exercise of the official dispatcher activity;

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n) Participate in the official accreditation processes and the evaluation of the courses that

give access to the profession;

o) Recognizing the professional qualifications obtained outside Portugal, on the terms

of the law, of the law of the European Union or of international convention;

p) Any others that are committed to them by law.

Article 4.

Administrative tutelage

The administrative tutelage on the Order rests with the member of the Government responsible for the area

of the finances.

CHAPTER II

Of the organs

SECTION I

General provisions

Article 5.

Organs

They are organs of the Order:

a) The congress;

b) The representative assembly;

c) The bastonary;

d) The board of directors;

e) The deontological council;

f) The tax advice.

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Article 6.

Responsibility of organs

The bastonary and the members of the board of directors, of the deontological council and of the council

tax responds to the representative assembly.

Article 7.

Election and duration of the mandates

1-The members of the representative assembly, the bastonary, the members of the board

directive, of the deontological council and the tax council, with the exception of the official reviewer

of accounts, are elected by universal, direct and secret suffrage under the terms of Articles 31.

and following.

2-The mandate of the holders of the organs of the Order shall have the duration of four years,

renewable only for one time.

SECTION II

Congress

Article 8.

Composition

The congress is the top organ of the Order and is composed of all the official dispatchers

that they find themselves in the full exercise of their rights.

Article 9.

Meetings

1-The congress works as an electoral assembly and brings together every four years.

2-A The table of the representative assembly presides over the congress.

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3-The congress is convened by the chair of the representative assembly table, with 60

days in advance.

SECTION III

Representative assembly

Article 10.

Composition

1-A representative assembly is composed of 20 members, elected by universal suffrage,

direct and secret, which find themselves in the full exercise of their rights.

2-The members of the representative assembly are representative of all dispatchers

officers enrolled in the Order.

Article 11.

Table

1-A The table of the representative assembly shall be composed of a President, by a deputy

president and a secretary, elected by their members, at the first meeting after the

elections.

2-In the case of absence or hindrance, the members of the table are replaced by

official dispatchers appointed, for the purpose, by the representative assembly or

designated by the respected president.

Article 12.

Convocation

The representative assembly is convened by the chair of the table, in advance

minimum of 30 days, owing to the order of proceedings on notice of convocation to be sent to

all members, which shall contain the day, time and place of the meeting.

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Article 13.

Location of meetings

The representative assembly meets in place to be designated by the Chair of the table.

Article 14.

Health

1-A representative assembly considers itself to be constituted since, at the time marked in the notice

convocatory, be present more than half of its members.

2-Not existing the quorum referred to in the preceding paragraph, the representative assembly

considers itself constituted one hour after the first convocation, with the members

gifts and with the same order of work.

3-Exceed from the provisions of the preceding paragraph, the representative assembly convened in the

terms of the point c ) of Article 18 (1), which only considers itself to be constituted validly

with the minimum presence of two thirds of the underwriters of the application for their convocation.

4-It is admitted the representation, and the official dispatcher may not represent more than three

members, and shall, to the effect, present the respective credentials to the President of the

representative assembly table prior to the start of the meeting.

Article 15.

Deliberations

1-A representative assembly can only deliberate on the subjects set out in the notice

convocatory.

2-A representative assembly cannot approve deliberations that involve, in the year

economic in progress, increase in expenditure of the Order not provided for in the budget.

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Article 16.

Competencies

They are competences of the representative assembly:

a) Voting on the budget of the Order and respect plan and activity report, the

opinion of the tax council and the supplementary budget;

b) Voting for the report and accounts, with respect to the attached respects;

c) Voting for proposals for amendments to this Statute;

d) Voting the regulations of the Order;

e) Set the amount of the application fee, re-registration, quotas and the other

contributions due to the Order under the law, of this Statute and too much

regulations;

f) Voting for internal referendum proposals;

g) Deliberating on any matter which falls within the scope of the tasks of the

Order, with the exception of the subjects of the competence of other organs.

Article 17.

Ordinary meetings

1-A The representative assembly convene, ordinarily, in March and October each year.

2-At the March meeting, are submitted for approval the activity report and the accounts

of the previous economic year.

3-At the October meeting, it is submitted for approval the budget and the plan of activities

for the following economic year.

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Article 18.

Extraordinary meetings

1-Extraordinary Meetings are convened by the President of the table, or by whom the

replace, by request:

a) From the bastonary;

b) From the board of directors, the deontological council or the tax council, provided that,

in that sense, expressly they have deliberated by a simple majority;

c) Of at least 20% of its members.

2-The request for convening the extraordinary representative assembly shall be formulated

in writing and indicate the respective order of works.

Article 19.

Majorities

1-Without prejudice to the provisions of the following number, the deliberations of the Assembly

representative are taken by a majority of votes of the members present and

represented.

2-The deliberations relating to the matters set out in points d ) and f ) of Article 16 are

approved by two-thirds of the votes validly cast.

SECTION III

Bastonary

Article 20.

Bastonary

1-The bastonary is, by inherence, the chairman of the board of directing.

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2-Only may be a candidate for bastonary the member of the Order who finds himself in full

exercise of your rights, with at least eight years of exercise of activity,

owing the respect of the election to observe the regime provided for in the Constitution for the election of the

President of the Republic, with the necessary adaptations.

Article 21.

Competencies

1-Compete to the bastonary:

a) Represent the Order, in judgment and out of it, and link it in all acts and

contracts, at the national and international level;

b) Convene and preside over the board of directors;

2-The bastonary can delegate powers to any member of the board of directors and is

replaced, in its absences or impediments, by the vice president for the purpose

designated by you or by the board of directors.

SECTION IV

Board of directors

Article 22.

Composition

1-The board of directors is composed:

a) By the bastonary;

b) By two vice-presidents;

c) By two vowels.

2-At its first meeting, the board of directors appoints, among its members, a

treasurer.

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3-Direct board members who exercise permanent executive functions can

be remunerated, in the terms to be defined by internal regulation.

Article 23.

Competencies of the board of directors

1-To the board of directors competes:

a) To ensure the legitimate rights and interests of the official dispatchers in everything that

respect the exercise of your profession;

b) Elaborate and issue the directives, forms, and information required by

compliance with this Statute and other applicable legislation and regulations;

c) Elaborate the ordinary, supplementary and plan budgets of activities and submit-

them to the representative assembly for approval with the advice opinion of the council

tax;

d) Draw up the report of accounts and submit it to the representative assembly, to

approval with the respect of the fiscal council report;

e) To draw up and propose to the assembly representative the regulation of access to the profession;

f) For the purposes of the provisions of the provisions a ) and b ) of Article 29, shall the board of directors,

within the time limits set out in Articles 57 and 58, refer to the proposal of

budget and the accounts to the tax council;

g) Constitute technical, advisory or other working groups;

h) To propose to the representative assembly the fixing of the value of statutory contributions;

i) Managing the budget of the Order;

j) Managing the heritage of the Order;

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k) Occupy yourself with everything that respects the negotiation and global hiring of benefits

social for the official dispatchers;

l) Organizing the internal referendums;

m) Arranging the internships and examinations of access to the profession of official dispatcher,

provided for in the Act and in this Statute;

n) Assign the professional title;

o) Elaborate and keep up to date the official record of the members of the Order;

p) Participate in the drafting of legislation relating to the Order and the profession of dispatcher

officer;

q) To promote solidarity among official dispatchers and among the holders of the

social bodies;

r) To establish and develop international relations and relations with the organs of the

Central, regional and local Public Administration;

s) Carry out the deliberations of the deontological council;

t) Hiring the executive director;

u) Promote updating and training actions to its members;

v) Designate the official reviewer of accounts that integrates the tax advice, on proposal

of this;

w) To draw up annually the financial implementation regulation;

x) To draw up and refer to the competent entities, in the time limits provided for in the law, the

report on the performance of the tasks of the Order;

y) Elaborate and approve your internal regulations.

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Article 24.

Meetings and deliberations

1-The board of directors brings together on the initiative of the bastonary or three of its members.

2-The board of the board only considers itself to be validly constituted with the presence of the

bastonary, or from whom to replace it, and with the simple majority of its members.

3-The board deliberates validly with the favorable votes of the simple majority

of its members present, having the bastonous vote of quality.

SECTION V

Deontological council

Article 25.

Composition

1-The deontological council works at the head office of the Order and is composed:

a) By the President;

b) By two vice-presidents;

c) By two vowels.

2-In the case of absence or hindrance of the President, this is replaced by the Deputy

chair that the president or the deontological council designate.

3-It may only be chair of the deontological council the member who finds himself in

full exercise of their rights and with at least eight years of exercise of the activity.

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Article 26.

Competencies

1-To the deontological council compete:

a) Ensure the legality and control of the activity carried out by the organs of the Order;

b) To scrutinize respect for the deontological rules and to exercise disciplinary power;

c) Publishing all documents relating to professional deontology;

d) To promote and disseminate respect for the ethical standards of the profession;

e) Analyze the deontological problems arising from the professional activity;

f) Undertake the introduction of inquiries that you understand by convenient;

g) To appreciate and decide requests for the lifting of professional secrecy;

h) Check the legal or statutory compliance of the internal referendum proposal;

i) Drive the existing conflicts between members of the Order;

j) Elaborate and approve your internal regulations.

2-The deontological council may hire professionals to assist you in the exercise

of their duties, and the duration of the respecting contracts may not exceed the term

remainder of the mandate of its members.

Article 27.

Meetings and deliberations

1-In the exercise of its deontological competences, the deontological council meets with

the periodicity that you judge necessary, and you should do so at least once in each

quarter.

2-The deontological council validates validly with the favorable votes of the majority

simple of your members present, having your president vote of quality.

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3-The deontological council may delegate, on a case by case, to any of its members the

your competences, with the exception of the disciplinary power over the holders of the organs of the

Order.

SECTION VI

Tax advice

Article 28.

Composition

1-The tax council is composed:

a) By the President;

b) By the vowel;

c) By an official reviewer of accounts.

2-The president has a vote of quality.

Article 29.

Competencies

To the tax council compete:

a) Draw up the opinion on the draft budget of the Order;

b) Scrutinize and issue the report on the accounts of the Order;

c) Follow up all financial and heritage activity of the Order;

d) Approve the respective internal regulation;

e) Pronouns on the remaining subjects that are submitted to you by the

remaining organs of the Order.

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Article 30.

Meetings

The tax council meets with the periodicity it deems necessary, and shall do so, by the

less, once in each quarter.

SECTION VII

Elections

Article 31.

Scrutiny

1-Elections of the holders of the organs of the Order shall be by universal scrutiny, direct,

secret and periodic.

2-The chair of the congress desk invites a representative from each list to

follow up and scrutinise the proceedings of the electoral assembly, which constitute the

election commission.

Article 32.

Lists

1-Only the suffrage the lists presented to the president of the assembly table are admitted

representative up to 30 days prior to the date of the elections and since subscribed by a

minimum of 30 official dispatchers.

2-The lists admitted to suffrage are referenced by the first letters of the alphabet,

second the order of presentation, and all must be printed in the same paper with the

same format.

3-The lists to be submitted include mandatorily the name of the candidates, with the nomination

of the organs to which they apply, as well with the respective declarations of acceptance.

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4-The admitted lists shall submit five alternates to the representative assembly,

two for the board of directors and for the deontological board and a supplent for the

tax advice, which may be called upon to perform duties in the event of an absence or

impediment of the effective members.

Article 33.

Voting

1-The vote can be exercised presently, by correspondence or by means of an electro-mode.

2-The presential vote is taken at the polling stations designated by the president of the desk of the

representative assembly.

3-The act of presential voting is audited by a member of the assembly table

representative and by a member of the deontological board.

4-For the purpose of the correspondence vote, the newsletter is terminated in an envelope in

white and included in another directed to the chair of the representative assembly desk,

with express indication of the voter member, and sent to the place where the same

course through registered mail.

5-Only are considered the mail-order votes that have reached the

chair of the table in the aforementioned conditions and up to the beginning of the work of

clearance of the vote.

6-Electrophic vote may still be exercised in the conditions that the congress comes

to be defined for the purpose.

Article 34.

Current management functions

The holders of the social bodies of the Order remain in day-to-day management functions after the

term of the respected mandates and up to the possession of the new holders, to which must occur in the

period of 30 days, from the date of the clearance of the election results.

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Article 35.

Mid-term elections

1-Should the termination of duties of the majority of the holders of any organ of the

Order, specifically by resignation, destitution or dismissals, the same continue

in exercise of functions, with current management powers, up to the taking of possession of the

new holders, who are elected in accordance with the electoral procedures provided for in the

present Statute, to the effect immediately triggered.

2-The mandate of the holders of the elected bodies in the terms of the preceding paragraph in the

term of the mandate that is under way for the remaining bodies.

CHAPTER III

Deontology

SECTION I

General provisions

Article 36.

Applicability

All official dispatchers are subject to the principles and rules of deontological

provided for in the following articles, as well as in the remaining applicable legislation.

Article 37.

General principles

1-The official dispatcher shall, in all circumstances, pauper his personal conduct and

professional by principles of morality, dignity and probity, cumin

scrupulously the deontological duties and abstaining from any behavior

that it can be considered unprestigious for the profession it exercises.

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2-Without prejudice to the provisions of the following articles, the official dispatcher shall still exercise

your professional activity with honesty, zeal, brio, loyalty and in compliance

with the technical standards and other applicable legal provisions.

3-The official dispatcher shall, in the exercise of his profession, co-adjuvate the respects

authorities in the fight against fraud, tax and customs evasion, in the protection of the medium

environment, safety and public health.

4-The official dispatcher obliges himself to comply fully with the applicable legal provisions,

as well as the principles, regulations and guidelines issued by the Order,

through its competent bodies.

SECTION II

Fundamental principles

Article 38.

Independence

1-The official dispatcher must exercise his profession with independence and objectivity,

never putting yourself in a position that can diminish your ability to formulate a

fair and disinterested opinion and abstaining from promoting any dilatory representations

or admittedly useless.

2-The official dispatcher shall still pauper his / her conduct, with the holders of the organs of the

Order with whom you have to maintain professional relationships, so as not to compromise the

your independence and exemption.

Article 39.

Competence

1-In the performance of his duties, the official dispatcher obliges himself to apply all the

knowledge inherent in technical-professional requirements, owing to their work and the

of its employees being planned, reviewed, executed and documented.

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2-In the development of your work, the official dispatcher can, under his entire

liability and supervision, request third parties opinions or technical information

on aspetes that transcend the scope of their specialisation and become

indispensable to the effectivation of your work.

3-The official dispatcher can soccur from the collaboration of the services of his client,

specifically accounting.

4-The official dispatcher shall not accept the carrying out of work for which no

posits the technical and human means necessary for its execution.

5-The official dispatcher shall, in the terms set out in this Statute and too

applicable legislation and regulations, carry out the update and training actions

necessary, arranged, directly or indirectly, by the Order.

Article 40.

Professional secrecy

1-The official dispatcher is obliged to guard professional secrecy on facts whose

knowledge adheres to the exercise of its functions.

2-The official dispatcher is prevented, by himself or by interposed person, of use, for

purposes various of those related to their functions, the information that it has

taken knowledge in the exercise of them.

3-The official dispatcher may be waived from compliance with the provisions of paragraph 1,

when:

a) The law imposes it;

b) Be duly authorized, in writing, by your client, owing the dispatcher

officer to give notice of such situation to the deontological council;

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c) Be absolutely necessary for the defence of dignity, rights and interests

legitimate from the official dispatcher himself, upon prior authorization from the council

deontological.

4-The official dispatcher shall retain the documentation and the information in general,

any that is the support or form under which they present themselves, and protect them

adequately, so as to prevent them from unduly hearing from them

knowledge.

Article 41.

Advertising

1-The official dispatcher may disclose by any means to his / her professional activity, from

objective, truthful and dignified form, in the rigorous respect of the deontological duties, of the

professional secrecy and legal standards on advertising and competition.

2-For the purposes of the preceding paragraph, it is considered to be objective, true and dignified, the

following advertising:

a) The personal identification and or social denomination of the society;

b) The indication of the professional ballot and or of the register of the society with the Order;

c) The professional morals;

d) The phones, faxes, electro mail, site in the Internet and other elements of

communication of which it is available;

e) The time of operation;

f) The areas of activity and specialties, if recognized in the terms of the present

Statute;

g) The academic titles;

h) The posts exerted in the Order;

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i) The certifications;

j) The logo or other distinctive sign;

k) The inclusion of photographs and illustrations.

3-It is considered illicit advertising:

a) The mention of the quality of the office and service;

b) The promise or inducement of production of results.

4-The provisions laid down in the preceding paragraphs shall apply to the exercise of the profession,

either the individual title or the societarium title.

Article 42.

Reciprocal relations between official dispatchers

1-In the exercise of your activity, you shall owe the official dispatcher:

a) Proceed with correction, urbanity and solidarity with the rest

official dispatchers;

b) Refrain from publicly pronounting on the functions that are entrusted to

other official dispatchers, save with their prior agreement;

c) Act with loyalty.

2-Whenever the official dispatcher is asked by the customer to replace one other,

official dispatcher in an ongoing process, shall:

a) To inform, in an express manner, its predecessor of that fact;

b) To communicate that fact to the deontological council;

c) Diligenate in the sense that the fees and too much amounts that this are

due to be paid to you.

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3-In the event of a justified refusal by an official dispatcher, the respect

replacement should only accept to provide the services after consultation with the substituted and the board

deontological, in order to inform yourself of the fundamentals of refusal.

4-Between the official dispatcher who terminating functions and what succeeding him must exist

institutional relationship, owing the first to make it accessible to the second all

professional information required for the implementation of the pending work.

5-The official dispatcher may, in accordance with Rule 45 (2), divide his

fees with the official dispatchers who have provided you with collaboration.

6-In the event of a dispute between official dispatchers, it must first seek to seek

the conciliation and, only in last case, the intervention of the deontological council is requested.

Article 43.

Relations with customers

1-A The relationship between the official dispatcher and the customer shall be pauper by the trust,

independence and safeguard of the legitimate interests of the customer, without prejudice to the strict

compliance with the legal and deontological standards and the public interest associated with the

exercise of the activity.

2-The official dispatcher cannot accept contractual clauses that, explicit or

implicitly, may constitute derogation from the principles and precepts contained in the

national and community legislation and in the standards emanating from the Order or that, by

any form, seek to limit or condition your application.

3-The official dispatcher can, in the performance of his obligations, make himself watch, under

your sole responsibility, by qualified technicians.

4-In the relationship between the official dispatcher and his / her client observe them

provisions relating to the contract of mandate.

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5-Without prejudice to the provisions of the following number, the official dispatcher is obliged to

present final accounts, which, whenever requested for the purpose by the customer, shall

include the goods or documents that you have received on account of the contract of office.

6-In the event of a default by the customer of his / her payment obligation, to the dispatcher

officer, of the credits resulting from their activity, this enjoys the right of retention on

the goods that have been delivered to it.

Article 44.

Relation of the official dispatcher with the Order and other entities

1-The official dispatcher shall collaborate with the Order in the pursuit of its legal purposes

and statutaries and in the dignified of the activity.

2-The official dispatcher must proceed with urbanity, correctness and courtesy, in all

your relations with any public or private entities.

3-The official dispatcher shall still exercise the posts so that he / she has been elected and

perform the mandates that are conferred upon you in the Order.

4-The official dispatcher shall comply with the norms, directives and deliberations

emanating from the competent bodies of the Order.

5-The official dispatcher must compulsorily use the control and warranty vignette

provided for in this Statute, in accordance with the regulatory respect.

6-The official dispatcher shall proceed to the timely payment of all contributions

statutorily or resulting from the Regulations of the Order.

7-The official dispatcher shall subject himself to all acts of surveillance that legitimately

are determined by the competent bodies of the Order in the sense of the verification of the

compliance with the provisions laid down in this Statute.

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8-The official dispatcher shall report to the Order, for the purpose of participation to the

Prosecutor's Office, any facts that are deposed in the performance of their duties that

constitute public crime.

9-The members of the Order or the holders of their organs, who have been elected to

holders of social bodies of any national organizations or associations,

international or community that the Order integrates, transmit to the board the governing board the

content of your activity.

Article 45.

Fees

1-The official dispatcher shall proceed with the fixation of fees, taking the time

expended, the difficulty, the urgency and the importance of the service.

2-A The division of fees between official dispatchers is only admitted as a result of

effective collaboration in the execution of the works.

3-The official dispatcher may request and receive provisions from his customers, on account of the

fees or payment of expenses to be made in the execution of the received mandate,

may waive or decline the service, should the customer not proceed to delivery of the

provision requested.

4-Without prejudice to the provisions of the following number, as well as of the remaining obligations

provided for in this Statute or in applicable law, the official dispatcher may

establish with its customers a form of global payment, affixed to a

determined period of time.

5-The official dispatcher is obliged to establish a price table concerning the

services it provides.

6-A The practice of unjustifiably non-compliant fees is considered as offensive

of professional ethics and can set up a situation of unfair competition.

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Article 46.

Disciplinary sanctions

The doleful or negligent violation of some of the duties provided for in this Statute or in the

legislation applied to the profession constitutes disciplinary infraction, pursuant to Article 70.

Article 47.

Other subjects

They are still obliged to comply with the principles and ethical rules statued in the

this chapter, with the necessary adaptations, all employees and collaborators

of the official dispatchers, as well as the professionals referred to in Article 102.

CHAPTER IV

Internal referendums

Article 48.

Object

Upon deliberation of the representative assembly, the Order may hold referendums

internal, at the national level, with a binding or consultative character, intended to submit to the

voting the issues considered to be of particular relevance.

Article 49.

Initiative and organization

1-The internal referendum may be proposed by the board of directors, by the council

deontological or by 25% of the members of the representative assembly.

2-Compete to the board of the board to set the date of the internal referendum, after appearing from the

deontological advice, and organize the respect process.

3-The issues to be referred to should be formulated clearly and demand answers from "yes"

or "no".

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4-The content of the issues to be submitted to the internal referendum is disclosed to all the

members of the Order and can be the subject of clarification meetings.

Article 50.

Effects

1-Without prejudice to the provisions of the following number, the internal referendum takes effect

binding, if the number of voters is more than half of the members in full

enjoyment of your rights.

2-When the internal referendum incited on the dissolution of the Order, its approval

it lacks the express vote of two thirds of the members in full enjoyment of their rights.

CHAPTER V

Administrative and financial regime

SECTION I

Executive Director

Article 51.

Executive Director

1-The Chief Executive Officer is responsible for, under the coordination of the board, the board of directors,

overseeing and superintending the services of the Order, sensing it, to the effect, committed

the powers provided for in the following article.

2-Should the Chief Executive Officer be a member of the Order, before commening the exercise of duties

suspending the exercise of the activity, and shall, to the effect, apply for the cancellation of the

professional cautionary, maintaining, however, all the rights and duties inherent in your

inscription.

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Article 52.

Competencies

To the Executive Director lies:

a) Advise the bastonary on all of its activities;

b) Superintending the administrative services;

c) Overseeing the administrative operations of control;

d) To manage the human resources of the Order and to propose its requalifications and

remunerations;

e) Communicate to the board of directors and the deontological council the identification of the

members who have debts, as well as their respective amounts;

f) Managing the treasury and presenting to the board the proposals for payment and

of fund management;

g) Promote the quarterly presentation of balance-sheet and the respective report of

analysis;

h) Promote, under the guidelines of the directional council, the elaboration of the

project budgets and activity plan, from the annual accounts and report of

activities;

i) Promote, under the guidelines of the directional council, the drafting of the project

of performance reporting;

j) Secretariats the meetings of the board of directors;

k) To provide the deontological council and the tax council with the information by these

requested, in the area of their competence.

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SECTION II

Patrimonial regime

Article 53.

Heritage

1-The heritage of the Order is administered by the board of directors.

2-A The disposal, acquisition or burdening of real estate assets of the Order lacks authorization

of the representative assembly.

Article 54.

Recipes

1-Constitutions revenue of the Order, specifically:

a) The fees due for the access and frequency of internship;

b) The fee for enrolment and re-registration in the Order;

c) The rate of issuance of professional ballots;

d) The shares of the members;

e) The sale of printouts provided by the Order;

f) The sale of the control and warranty vignettes;

g) The fees corresponding to services provided;

h) The fees due for courses and training actions;

i) The product of the disciplinary penalties of pecuniary nature;

j) The donations, inheritances, donations and legacies that come to be instituted to your

favour;

k) The incomes of the patrimony patrimony;

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l) Any other possible recipes .

2-No consignment of revenue in the budget of the Order is permitted.

Article 55.

Expenses

1-Constituent expenditure of the Order as attributable to the operation of its organs and

services and still all those that result from activities that affect the class in your

set.

2-No expense or account moves can be effected without the signing of the

bastonary and the treasurer of the directional council.

SECTION III

Budget and accounts

Article 56.

Regime

The budget and the accounts of the Order are drawn up in correspondence with the calendar year and

in compliance with the accounting standards regime for the sector entities

non-profit, which integrates the Accounting Normalization System.

Article 57.

Budget

1-By the September 15 each year, the board of directors prepares the respective project

of budget, which contains the forecast of revenues and expenses for the following year, well

as the respectable plan of activities.

2-The draft budget shall allow to check, under each heading and in each total or

subtotal revenue and expenditure, the budget division where revenue and revenue are generated and

applied the expenses.

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3-The tax council shall, within 10 days, from the date of the submission of the project

of budget on the part of the board of directors, gather opinion on the same.

4-The draft budget to be submitted to the representative assembly shall contain, in annex,

the following documents:

a) Justification of the forecast of expenses and revenues, their amounts and respect

variations in relation to previous years;

b) Annual regulation of financial implementation;

c) Opinion of the tax council.

5-The board of directors can present to the assembly representative the budgets

supplementary which judges or necessary to judge.

Article 58.

Accounts

1-By the end of the month of February of the following year to which they relate, shall the council

directive to refer to the tax board the accounts and the ancillations attached.

2-The tax council shall, within 10 days, count from the date of the receiving of the accounts,

issue report on the same.

3-The accounts must contain the budgeted amounts and amounts effectively

performed, as well as the deviations deviations.

4-The negative deviations in the accounts must be justified by the board of directors and

appreciated in the report of the tax council.

5-The accounts shall contain, in annex:

a) The justifying documents of the budget implementation and its variations;

b) The report of the tax council.

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Article 59.

Disclosure

1-A budget proposal, bills and ancillations attached must be available to

consultation on the site of the Order on the Internet, with the minimum 10 days ' notice

regarding the date of achievement of the representative assembly representative.

2-The documents justifying the accounts must also be available to

consultation by any member at the headquarters of the Order.

CHAPTER VI

Official dispatchers

SECTION I

Inscription on the Order

Article 60.

Compulsory registration

1-They can only use the title of official dispatcher the persons inscribed in the Order.

2-You may only apply for enrolment in the Order persons who, cumulatively:

a) Be a graduate holder in the areas of Economics, Management or

Business Administration, Law, International Relations, Trade

International, Logistics and Customs or a higher academic degree

foreign in one of those areas to which equivalence has been conferred to the degree of

licensed or that has been recognized with the level of this;

b) Attend traineeship, with the maximum duration of six months, and be

approved in the final assessment examinations.

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Article 61.

Stage of training

1-Anually it is carried out a compulsory internship of access to the profession for applicants

inscribed that are holders of the legally required academic habilitation for the respective

professional exercise.

2-The versa stage on subjects relevant to the exercise of the professional activity of

official dispatcher, as per the provisions of the Ordinance Regulation of the Order,

considering the safeguarding of the superior public interests, the fight against fraud

customs and tax and, as well, the deontological principles of the profession.

3-Compete to the Order to make a personal accident insurance available for the duration of the

training stage, being the respective cost borne by the beneficiaries of the same ..

4-A celebration and maintenance of the collateral and civil liability insurance

professional are not mandatory during the training stage.

Article 62.

Examination

1-The final assessment examination is composed of a written proof and an oral exam, which

focus on the subjects delivered at the training stage.

2-They are approved in the examination the candidates who, after approval in the written exam with

rating greater than 8 values, obtain in the oral exam the equal rating or

higher than 10 and in the set of the two proofs perdo at the minimum equal.

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SECTION II

Rights and duties

Article 63.

Rights

The official dispatchers enjoy the following rights:

a) Practise in exclusive the own acts of the official dispatchers;

b) Electing and being elected to the organs of the Order, in the terms and conditions of the present

Statute;

c) Participate in the activities of the Order;

d) Present proposals, suggestions or complaints about matters that judge from

interest for the class;

e) Attend the premises of the Order;

f) Benefit from the services provided by the Order;

g) Benefit from quota exemption, in the event of an incapacity for the exercise of

profession, reform without exercise of the respect of respect activity or suspension;

h) To complain and to appeal the acts and deliberations of the organs of the Order contrary to the law,

to this Statute and to the Regulations;

i) Be informed regularly of all the activity of the Order;

j) Have conditions of access to training actions, for updating and

professional improvement;

k) Other rights provided for in the Act, in this Statute and other regulations of the

Order.

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Article 64.

Duties

1-Constituts duties of the official dispatchers:

a) Participate in the activity of the Order;

b) Perform the posts so that they are designated by the organs of the Order,

save for justified expense;

c) To contribute to the prestige of the Order and to the defence of rights and interests

legitimate from the official dispatchers;

d) Refuse work for which for reasons of technical order are not

duly authorized;

e) Pay in a timely manner all statutory contributions or resulting from the

regulations of the Order;

f) Comply with the provisions laid down in this Statute, in the regulations

emanated by the organs of the Order and in the deliberations and directives thereof;

g) Communicating to the Order, within 30 days, any change of domicile

professional, as well as any other relevant occurrence in their status

professional;

h) Request the governing board for authorization for the constitution or amendment of the

status of the society of official dispatchers;

i) To provide the board with the directive, within 30 days, from the date of

constitution or amendment of the status of the society, an exemplar of the pact

updated social, for the purpose of internal registration;

j) Communicating to the Order, for the purpose of participation to the Public Prosecutor's Office,

any facts debited in the performance of their duties which constitute a crime

public;

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k) Participate in the deontological council the aggrieved acts of statutory rights;

l) Use in all its accounts the model approved in accordance with the legislation

in force;

m) Acquire, for each customs declaration of export and import, a

vignette of control and guarantee, to which shall be affixed to the invoice or to the

any other document that accompanied it;

n) Other duties provided for in law, in this Statute and in the remaining regulations

of the Order.

2-All contributions due to the Order, specifically the title of quotas, vignettes of

control and guarantee, fees or by the provision of any services, are paid in the deadlines

granted for the purpose, owing to the treasurer, in the lack of voluntary payment,

to notify the official dispatcher, by registered letter, to proceed to their payment in the

period of 15 days, plus interest at the statutory rate, majorities of 3%.

3-For the purpose of coercive collection and without prejudice to the respect of the disciplinary procedure, in the

lack of voluntary payment within the period provided for in the preceding paragraph, shall the treasurer

extract the respect certificate of debt, to which it constitutes executive title.

Article 65.

Full exercise of rights

1-They find themselves in full exercise of their rights, the official dispatchers who:

a) Benefit from the quota exemption scheme;

b) Do not find yourself in a situation of suspension.

2-The non-payment of contributions for a period of more than six months, after notice

prior, determines the impediment of participation in the institutional life of the Order, well

how to enjoy their services, while endure that situation.

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Article 66.

Own acts of the dispatchers

1-Are own acts of the official dispatcher:

a) The representation of economic operators to the Tax Authority and

Customs and too many public or private entities with intervention, direct or

indirect, in the performance of the customs formalities underlying the goods

and respect means of transport;

b) The practice of the acts and too much formalities provided for in the customs legislation,

including the submission of declarations for allocation of customs destinations,

statements with customs implications for goods and respect means of

transport and declarations relating to goods subject to special taxes

on consumption.

2-Are still own acts of the official dispatcher, the following:

a) The elaboration, in the name and upon request of the economic operators, of

applications, petitions and exhibitions aimed at obtaining simplified schemes,

economic or other, provided for in the customs legislation.

b) The presentation, together with the Tax and Customs Authority and in any form

permitted by law, of the guarantees of the customs or tax debt generated by the

statements that submit.

3-Consider even acts of the official dispatchers themselves, those in the terms of the

previous figures, are exerted in the interest of third parties and in the scope of activity

professional.

4-For the purposes of the preceding paragraph, they do not consider themselves to be practiced in the interest

of third parties the acts practiced by the legal representatives of natural persons or

collectives, public or private, in that quality.

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SECTION III

Collateral and professional civil liability insurance

Article 67.

Collateral and insurance

1-The official dispatcher, to exercise his profession, shall provide a surety by

deposit, bank bail or insurance-collateral in the amount of € 49 to 879.79, which serves as

warranty to the State and the remaining injured, if any.

2-A collateral may be provided by the Order in relation to all its members, provided that

are in full exercise of their rights.

3-A The collateral shall cover the acts practiced in the exercise of the activity, either by the

official dispatcher wants for his workers.

4-A The surety shall be lodged in the customs of control of the tax domicile of the

official dispatcher.

5-Without prejudice to the provisions of the preceding paragraphs, the exercise of the profession of

official dispatcher is still dependent on the underwriting and maintenance of an insurance of

professional civil liability intended to cover all risks that may result

of the same, the minimum amount of which may not be less than € 50 000.00.

SECTION IV

Incompatibilities and impediments

Article 68.

Incompatibility for the exercise of posts in social bodies

1-The exercise, in the Order, of the executive, disciplinary and supervisory functions shall be

incompatible with each other.

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2-The office of the holder of organs of the Order is incompatible with the exercise of any

leading roles in the central, regional and local Public Administration and with any

other functions with which a manifest conflict of interest occurs,

specifically, with the exercise of duties in the Tax and Customs Authority.

3-In the case provided for in the first part of the preceding paragraph, may the assembly

representative to expressly authorize the accumulation of the exercise of the governing functions

with the exercise of the positions of holder of organ of the Order, provided that,

fundamentedly, demonstrate no effective conflict of interest.

Article 69.

Ineligibility s

They are not eligible for the organs of the Order, the official dispatchers who:

a) Do not find themselves in the full use of your rights;

b) Have suffered disciplinary punishment, by dolo, of graduation equal to or greater than

fine, in the two years prior to the date of the election.

CHAPTER VII

Disciplinary action

Article 70.

Disciplinary infraction

1-Consider disciplinary infraction all action or omission that consists in the violation, by

any member of the Order, of the duties laid down in law, in this Statute or

in the respects regulations.

2-The disciplinary infractions provided for in this Statute and too much legal provisions and

applicable regulations are punishable by title of dolo or negligence.

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3-A attempt is punishable by the sanction applicable to the consummate infraction, especially

attenuated.

Article 71.

Disciplinary responsibility

1-Official dispatchers are subject to the disciplinary jurisdiction of the deontological council,

in the terms set out in this Statute.

2-Are still subject to the disciplinary action of the deontological council, all those who, in the

terms of the legislation in force, are also subject to the disciplinary power of the

Order.

3-A disciplinary action is independent of possible civil or criminal liability.

4-A disciplinary liability to the Order shall be independent of liability

discipline in the face of employers ' respects, for infringing on the emerging duties of

working relations.

5-When, on the grounds of the same facts, criminal proceedings have been instituted

against a member of the Order, the suspension of the disciplinary procedure may be ordered,

owing to the judicial authority, in any case, order the shipment to the Order of copy

of the dispatch of charge or pronunciation.

6-Whenever, in criminal proceedings against Member of the Order, be designated day to

trial, the court must order the referral to the Order, preferably by way

electrolyte of the order dispatch, the instructional decision and the contestation, when

exist, as well as any other elements that have been requested by the

deontological advice or the bastonary.

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Article 72.

Disciplinary responsibility of professional societies

The collective persons members of the Order are subject to the disciplinary power of their

organs, in the terms of this Statute and the legal regime of constitution and

operation of the societies of professionals who are subject to public associations

professionals.

Article 73.

Exercise of disciplinary action

1-The disciplinary procedure is instituted by the deontological council, on its initiative

or by participation, specifically:

a) From another organ of the Order;

b) From members of the Order;

c) Of The Tax and Customs Authority;

d) From the Public Ministry;

e) Of any person interested, directly or indirectly, affected by the facts

participates.

2-Courts and too many public authorities must give notice to the Order of the

practice, by official dispatchers, of acts susceptible to constituting infraction

discipline.

3-Without prejudice to the provisions of the law about the secret of justice, the Public Prosecutor's Office and the

too many entities with criminal investigative powers should give notice to the

Order of the stakes filed against official dispatchers by acts

related to the exercise of the profession.

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Article 74.

Introduction of the disciplinary procedure

1-Any organ of the Order, officiously or having on the basis of complaint, complaint or

participation submitted by duly identified person, containing facts

susceptible to embedding associate's disciplinary infraction, communicates, immediately, the

facts to the deontological council, for the purposes of establishing disciplinary proceedings.

2-When it concludes that participation is unfounded, hers gives knowledge to the member

targeted and are issued to you the certificates that the same understand necessary for the tutelage of the

your legitimate rights and interests.

3-The disciplinary procedure against bastonary or against any member of the

deontological board in effectivity of functions can only be instituted by

deliberation of the representative assembly, approved by an absolute majority.

Article 75.

Dismissals of participation

The dismissal of the disciplinary participation by the person concerned extinguishes the disciplinary procedure,

save if the imputed infraction affects the dignity of the target member and, in this case, this

manifests intention to continue the process, or the prestige of the Order or profession,

in any of their specialties.

Article 76.

Prescription of the disciplinary procedure

1-The right to institute the disciplinary procedure prescribes within three years, the

count from the date of the practice of the infraction, save the provisions of the following number.

2-A disciplinary responsibility for organ holders of the Order prescribes within the term of

Three years, from the date of cessation of the respective duties.

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3-The disciplinary infractions that constitute simultaneously illicit criminal prescriptions in the

same time frame as the criminal procedure, when this is superior.

4-Checks, likewise, the prescription, if the disciplinary procedure does not start in the

period of one year, from the date of the knowledge of the infraction by any organ of the

Order.

5-The limitation period suspending itself during the time in which:

a) The disciplinary process is suspended, awaiting dispatch of prosecution or of

pronunciation in criminal proceedings;

b) The final decision of the disciplinary procedure cannot be notified to the accused, by

reason that is attributable to him.

6-A suspension, when it results from the situation provided for in the paragraph b ) of the previous number, no

may surpass the two-year term.

7-The prescriptional deadline goes back to running from the day on which the cause of the suspension is ceased.

8-The limitation period of the disciplinary procedure shall interrupt with the notification to the

argued:

a) Of the establishment of the disciplinary procedure;

b) From the prosecution.

9-After each period of interruption begins to run new limitation period.

Article 77.

Maintenance of disciplinary responsibility

Disciplinary liability remains during the period of suspension and does not cum with

the request for the dismissals of the Order in respect of previously practiced facts.

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Article 78.

Disciplinary procedure

1-The disciplinary procedure is composed of the following phases:

a) Instruction;

b) Defence of the accused;

c) Decision;

d) Execution.

2-Irrespective of the phase of the disciplinary procedure, they are assured to the accused

all guarantees of defence, in the general terms of law.

3-Without prejudice to the provisions of this Statute, the disciplinary procedure shall be governed by

regulation approved by the representative assembly, being supplement to be applicable to

General Labour Law in Public Functions, passed by Law No. 35/2014, 20 of

June.

Article 79.

Disciplinary sanctions

1-The disciplinary sanctions are as follows:

a) Reprimand;

b) Repreension registered;

c) Fine of € 50 a € 100000, in the case of natural persons, or of € 100 a € 200

000, in the case of collective persons;

d) Suspension up to 10 years;

e) Expulsion.

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2-The reburial and reprobering sanctions are applied to light infractions in the

exercise of the activity, so as to prevent their repetition or to formulate a judgement of

deprecation.

3-A penalty of fine is applied to infractions committed to the title of negligence or dolo, to the

which is not applied for suspension or expulsion sanction.

4-A penalty provided for in the paragraph d ) of paragraph 1 may be of:

a) Suspension up to six months, for disciplinary infraction that set negligence

serious or accentuated disinterest in the fulfillment of duties and obligations

professionals;

b) Suspension of more than six months and less than two years, for disciplinary infraction

that gravely affects the dignity and professional prestige of the dispatcher

officer;

c) Suspension over two years and up to 10 years, per disciplinary infraction which

constitutes a crime punishable with a prison sentence of more than three years.

5-A penalty provided for in the paragraph and ) of paragraph 1 is applied when the disciplinary infraction is very

grave and have put into question the life, physical integrity of the people, or be gravely

lesiva of the honour or the heritage of third parties or of equivalent values, and invitabilities

definitely the exercise of professional activity.

6-In the case of professionals carrying out the activity on the national territory in the regime of

free provision of services, the penalties provided for in paragraphs 4 and 5 assume the form of

definitive interdiction of the exercise of activity in Portugal.

7-There is accumulation when various types of infractions are practiced or the same

infraction is committed several times.

8-There is recidivism when an infraction is committed within two years, to be counted

of the timing of the offender of the same type.

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9-A The expulsion sanction may only be enforced by unanimous deliberation of the council

deontological.

10-A more serious sanction application than that of reprimand registered the member who exercises

any office in the organs of the Order determines the immediate ousting of that office, without

dependence on deliberation of the representative assembly in this direction.

11-The penalties provided for in the paragraphs d ) and and ) of paragraph 1 are communicated to the Tax Authority

and Customs and duly published by the Order in 2 th grade of the Journal of the Republic ,

being the remaining only object of publication.

Article 80.

Measure and graduation of the sanction

The determination and graduation of the sanction shall take into consideration the fault of the accused, the

gravity and the consequences of the infraction, the professional and disciplinary background and the

too much aggravating and mitigating circumstances.

Article 81.

Prescription of sanctions

Disciplinary sanctions prescribe on the following deadlines:

a) Those of reprimand and reburial registered, within two years;

b) The one of fine, within four years;

c) Those of suspension and expulsion or definitive interdiction of the exercise of the activity

professional, within five years.

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Article 82.

Instruction

1-A The instruction of the disciplinary procedure shall comprise the necessary representations to the

finding of the material truth, and the rapporteur should remove the obstacles to his

regular and rapid progress and, without prejudice to the right of defence, to refuse everything that is

useless or dilatory.

2-Until the dispatch of prosecution the process is secret.

Article 83.

Term of the statement

1-Finda the instruction, the instructor proffers dispatch of charge or issues opinion

reasoned in which it concludes in the sense of the filing of the proceedings.

2-Not being delivered an order dispatch, the instructor presents the advice to the board

deontological, in order to be deliberated the filing of the process or determined that

this proceed with the realization of extra representations or with the dispatch of

prosecution, and may in the latter case be designated new instructor.

Article 84.

Dispatch of prosecution

1-The order dispatch shall state the identity of the accused, the facts charged and the

circumstances in which these have been practiced, the legal and regulatory standards

infringed and the deadline for the submission of defence.

2-The accused is notified of the prosecution personally or by registered letter with notice of

recetion, addressed to the professional domicile, with the delivery of the copy.

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Article 85.

Right of defence

1-The accused, wanting, can present defense, be it to contest the charge, be it for

provide the process with mitigating facts of its responsibility.

2-The deadline for submission of the defence is 20 days, from the date of the notification of the

dispatch of prosecution, and shall be delivered at the headquarters or in the services devolved from the

Order or to here referred by registered letter with notice of recetion.

3-A defence, to be submitted in writing, shall clearly and concisely expose the facts and reasons

that substantiate it.

4-With the defence, you must the accused present the rol of witnesses, gather documents and

require the necessary representations for the finding of the relevant facts.

5-No more than three witnesses may be presented for each fact, and may not the

total of them exceeds 10.

Article 86.

Final report

Carried out the representations referred to in the previous article and others which are determined

by the rapporteur, this elaborates the final report, of which, inter alia, the facts

ascertained, their qualification and severity, the proposal for sanction concretely to apply or to

proposal for archiving.

Article 87.

Decision

1-Finda the instruction, the process is present to the deontological board, being laundered and

signed the respected decision.

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2-A decision is immediately notified to the defendants and those interested, by registered letter

with notice of receiving notice, and, where applicable, communicated to the Tax Authority and

Customs as well as the entities that have participated in the infraction.

Article 88.

The impugatory means

The acts delivered in disciplinary proceedings can be challenged jurisdictionally, in the

terms of the Law of Procedure in the Administrative Courts.

Article 89.

Process of inquiry

The opening of inquiry process may be ordered, whenever it is not realized

the infraction or is not known to its author and when it is necessary to proceed to

enquiries intended for the clarification of the facts.

Article 90.

Term of instruction in process of inquiry

1-Finda the instruction, the rapporteur issues a reasoned opinion in which he proposes the

to continue the process as a disciplinary or its archiving, depending on

consider whether or not there are sufficient evidence of the practice of disciplinary infraction.

2-The rapporteur presents his opinion at a meeting of the deontological council, which deliberates in the

sense of the process proceeding as disciplinary, to be filed or to be carried out

complementary representations.

3-Should the opinion not be approved, it may be designated new rapporteur from among the

members of the deontological board that make maturity.

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Article 91.

Implementation of decisions

1-Compete to the board of directors to execute the disciplinary decisions.

2-Compliance with the sanction of suspension or expulsion shall start from the day of the

respects notification to the accused.

3-If, at the date of the commencement of the suspension, the inscription of the accused is cancelled or suspended, the

compliance with the sanction of suspension commencement from the immediate day to the one in which

take place the lifting of the suspension of the inscription, or re-enrollment, or from the day

in which ends the execution of the previous suspension penalty.

4-When in the pendency of disciplinary procedure or sanction fulfilment of

suspension, the official dispatcher ask for the cancellation of the ballot or the suspension of the

enrollment in the Order, can only exercise the activity of representation before the authorities

customs, in any form, after the completion of the process or the fulfilment of the

sanction of applied suspension.

5-In the case of expulsion, the accused shall be prevented from the exercise, in any form, from

representation before the customs authorities, for a period of 25 years.

Article 92.

Review of the decision

1-Final disciplinary decisions can be reviewed at the request of the person concerned, with

foundation in new facts or new evidence, susceptible to altering the meaning of those,

or when another definitive decision considers false the elements or means of proof

that have been determinants of the decision to be reviewed.

2-A The granting of the review depends on deliberation adopted by the absolute majority of the

members of the deontological council.

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Article 93.

Professional rehabilitation

The Member to whom the expulsion sanction has been applied may, upon application,

be subject to the rehabilitation process, as long as they check, cumulatively, the

following requirements:

a) Have elapsed more than 10 years on the date of the decision which applied the penalty

of expulsion;

b) The rehabilitating has revealed good conduct, and may, in order to demonstrate it, use

all means of proof admitted in law.

CHAPTER VIII

Societies

Article 94.

Social object

1-Professional societies of official dispatchers have as the main object the

exercise of the activity permitted to official dispatchers, pursuant to the legislation

applicable, and may develop it at the exclusive title or in conjunction with the exercise of

other professional activities, provided that, in the latter case, the regime of

incompatibilities and impediments.

2-Without prejudice to the provisions of the preceding paragraph, the practice of own acts of

officers ' dispatchers before any public or private authorities are reserved to the

official dispatchers.

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Article 95.

Shape

1-Without prejudice to the provisions of the following number, the professional societies of

officers ' dispatchers can take the form of civil societies or any other

legal form admissible by law for the exercise of commercial activities.

2-In the event that the professional society of official dispatchers takes the form of

anonymous commercial society, its shares are compulsorily titled and

nominations.

3-Irrespective of the assumed legal form, may be partners of the societies

professionals of dispatcher officers persons who do not possess the qualifications

professionals for the exercise of the profession of official dispatcher, provided that the majority

of the social capital with a right to vote shall belong to official dispatchers.

Article 96.

Responsibility

1-A The professional society of official dispatchers and their associates are responsible for

all fiscal and customs obligations assumed by the official dispatcher, pursuant to

of Article 94 (2), being the responsibility of the subsidiary partners in the face of the

society.

2-The regime of liability provided for in this Article shall apply to the Society

in cause takes the civil or commercial form and, in this case, regardless of the type

adopted.

3-The partner who, by virtue of the provisions of the preceding paragraph, meets obligations of the

society, has a right of return against the remaining partners, to the extent that the

payment realized exceeds the importance that it would fit to bear under the rules

applicable to their participation in social losses.

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Article 97.

Administration

They may be managers or administrators of the society persons who do not possess the

professional qualifications for the exercise of the profession of official dispatcher, provided that

at least one of the managers or administrator is dispatcher officer with the enrollment in

vigour.

Article 98.

Denominations the

The denomination of the professional society has to be required to include, depending on the

type, one of the following expressions, followed by "Professional Society" or abbreviated

"SP":

a) "Official Dispatcher";

b) "Official Dispatcher, Unipersonnel";

c) "Official Dispatchers".

Article 99.

Registration

Approved the status of the society and re-registered copy of the social compact, pursuant to the

points g ) and h ) of Article 64 (1), the Order proceeds to the internal record, well

as to their inclusion in the respect site in the Internet .

Article 100.

Regime of professional societies

To the professional societies of official dispatchers applies, secondarily, the regime

legal form of constitution and operation of the societies of professionals who are

subject to professional public associations.

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CHAPTER IX

Internal market standards

Article 101.

Right of establishment

1-The recognition of professional qualifications of national Member State of the

European Union or the European Economic Area obtained outside Portugal for your

enrolment as a member of the Order, is governed by Law No. 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2, without prejudice

of special conditions of reciprocity, should the qualifications in question have been

obtained outside the European Union or the European Economic Area.

2-The professional who intends to register in the Order under the preceding paragraph and

who pay services, in a subordinate or autonomous manner or in the quality of a partner or

which act as a manager or administrator in the Member State of origin, in the framework of

associative organization of professionals, must identify the organization concerned in the

application filed pursuant to Article 47 of Law No 9/2009 of March 4, amended

by the Laws n. ºs 41/2012, of August 28, and 25/2014, of May 2.

3-In case the fact to be communicated in the terms of the preceding paragraph occurs after the submission of the

application for recognition of qualifications, must the associative organization in question be

identified before the Order, within 60 days.

4-Without prejudice to the provisions of the preceding paragraphs, the professional shall still comply

with the requirements set out in the Community Customs legislation for the financial year

another Member State.

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Article 102.

Free provision of services

1-The legally established professionals in another Member State of the European Union

or the European Economic Area and which there will develop activities comparable to the

professional activity of official dispatcher regulated by this Statute, may

exercise them, in the occasional and sporadic way, on national territory, in free regime

provision of services, pursuant to Law No. 9/2009 of March 4, as amended by the Laws

n. ºs 41/2012, of August 28, and 25/2014, of May 2.

2-The professionals referred to in the preceding paragraph shall be equated with official dispatchers,

for all legal effects, except where otherwise the result of the law.

3-The professional who pays services, in a subordinate or autonomous manner or in quality

of a partner or who atue as a manager or administrator in the Member State of origin, in the

scope of associative organization of professionals and intend to exercise their activity

professional in national territory in that capacity, in regime of free provision of

services, must identify before the Order the associative organization, on account of which

provides services, in the declaration referred to in Article 5 of Law No 9/2009 of March 4,

amended by Laws No 41/2012 of August 28, and 25/2014, of May 2.

4-A order automatically enrolled professionals in free provision of services in the

register referred to in para. f ) of Article 104, in the follow-up to the prior declaration to the

travel of the provider of services to the national territory, after verification of the

professional qualifications, in the terms and conditions foreseen, respectively, in the

articles 5 and 6 of Law No. 9/2009 of March 4, amended by Laws No 41/2012, of 28

of August, and 25/2014, of May 2.

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5-The exercise of the profession of official dispatcher, by citizens of non-belonging countries

to the European Union or to the European Economic Area, which are domiciled

in Portugal, depends on reciprocity established in agreement or convention

international and of the inscription inscription in the Order.

6-The applicants referred to in the preceding paragraph may be required, by the Order, to

effects of enrolment, proof of knowledge of the Portuguese language and the realization of

evaluation examination for the exercise of the profession.

CHAPTER X

Information and cooperation

Article 103.

One-stop shop

1-All applications, communications and notifications provided for in this Statute between the

Order and the professionals, the societies of official dispatchers or other organizations

associative associates of professionals, with the exception of those concerning disciplinary procedures,

are carried out by electronic means, through the one-stop shop referred to in articles 5 and

6. of the Decree-Law No. 92/2010 of July 26 on the site of the Order in the Internet , accessible

through the Citizen's Portals and the Company.

2-When, on the grounds of unavailability of the electrolytic platforms, it is not possible

the fulfillment of the provisions of the preceding paragraph, the transmission of the information in

appreciation is effected by electro mail to the address created specifiedly for

the effect by the Order, advertised on the respective site of the Internet and on the existing platform

for tramping of the procedure.

3-Whenever the facility to the electro-mail is not technically possible, the

transmission of the information can be done by delivery in the Order, by shipment by the

mail under registration, fax or by any other legally permissible means

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4-A presentation of documents in simple form, in the terms of the previous figures,

dispensing the consignment of the original, authentic, authenticated or certified documents,

without prejudice to the provisions of the provisions of a ) and c ) of paragraph 3 and in paragraphs 4 and 5 of Article 7 of the

Decree-Law No. 92/2010 of July 26.

5-Whenever an element that should instruct one of the requests, communications and

notifications or statements referred to in paragraph 1 already found in the possession of any

national administrative entity may the Official Despachant or the Society

Professional of Despachers Officers choose to replace their delivery with the nomination

express of the identification and location of the same, fit to the Order to obtain

officious.

6-Failure to meet the deadlines for the issuance of opinions or practices of acts

does not prevent the procedure from proceeding and is decided

7-It shall also apply to the procedures referred to in this Article to the provisions of paragraph 1 of the

article 7 of the Decree-Law No 92/2010 of July 26.

8-The one-stop shop provided for in this Article complies with the provisions of Law No. 36/2011, of 21

of June.

Article 104.

Identification and accreditation

On the access and use of electrolytic platforms, well with in the signature affix in

electro-electronic documents, the proof of the official dispatcher must be guaranteed through the

Recourse to the Certification System of Professional Attributes referred to in Article 51 para.

of Law No. 2/2013 of January 10.

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Article 105.

Information on the Internet

The Order shall make available to the general public by means of its electro-site in the

Internet, the information referred to in Article 23 of Law No 2/2013 of January 10, at para.

3 of Article 6 of the Decree-Law No. 92/2010 of July 26, and in Article 19 (4) of the

Directive No 2000 /31/CE, of the European Parliament and of the Council of June 8, 2000,

on certain legal aspements of the services of the information society, in particular of the

electro trade, in the domestic market.

Article 106.

Administrative cooperation

The cooperation between the Order and the administrative authorities of the other States-

Members and the European Economic Area and the European Commission, pursuant to the

chapter VI of Decree-Law No. 92/2010 of July 26, of Article 51 (2) of the Law

n ° 9/2009 of March 4 and paragraphs 2 and 3 of Article 19 of Directive No 2000 /31/CE of the

European Parliament and of the Council of June 8, 2000 on certain legal aspements

of the services of the information society, in particular of the electronical trade, is exercised

by the electronical route through the Internal Market Information System.

CHAPTER XI

Final disposition

Article 107.

Subsidiary law

In everything that is not regulated in this Statute, the provisions of the Act shall apply

n ° 2/2013 of January 10, being still applicable, subsidally and with the necessary

adaptations:

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a) To the attributions and exercise of the public powers by the Order, the Code of

Administrative Procedure and the general principles of administrative law;

b) To the internal organization of the Order, the standards and the principles governing the

associations of private law;

c) To the disciplinary procedure, the General Labor Law in Public Functions,

approved by Law No 35/2014 of June 20.

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ANNEX II

(referred to in Article 6)

Republication of the Decree-Law No. 173/98 of June 26