Debates Parlamentares - Diário 058S1, p. 37 (1999-05-03)

O texto apresentado é obtido de forma automática, não levando em conta elementos gráficos e podendo conter erros. Se encontrar algum erro, por favor informe os serviços através da página de contactos.

Não foi possivel carregar a página pretendida. Reportar Erro

3 DE MAIO DE 1999

1710-(37)

/) The same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions.

Section 24

Nothing in subparagraphs c) and d) of section 23 shall be construed to preclude the adoption of appropriate security precautions to be determined by agreement between a State party to this Agreement and the Agency.

Section 25

Privileges and immunities are granted to the experts of the Agency in the interests of the Agency and not for the personal benefit of the individuals themselves. The Agency shall have the right and the duty to waive the immunity of any expert in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Agency.

ARTICLE VIII Abuses of privilege

Section 26

If any State party to this Agreement considers that there has been an abuse of a privilege or immunity conferred by this Agreement, consultations shall be held between that State and the Agency to determine whether any such abuse has occurred and, if so, to attempt to ensure that no repetition occurs. If such consultations fail to achieve a result satisfactory to the State and the Agency, the question whether an abuse of a privilege or immunity has occurred shall be settled by a procedure in accordance with section 34. If it is found that such an abuse has occurred, the State party to this Agreement affected by such abuse has the right, after notification to the Agency, to withhold from the Agency the benefits of the privilege or immunity so abused. However, the withholding of privileges or immunities must not interfere with the Agency's principal activities or prevent the Agency from performing its principal functions.

Section 27

Representatives of Members at meetings convened by the Agency, while exercising their functions and during their journeys to and from the place of meeting and officials within the meaning of section 1, v), shall not be required by the territorial authorities to leave the country in which they are performing their functions on account of any activities by them in their official capacity. In the case, however, of abuse of privileges of residence committed by any such person in activities in that country outside his official functions, he may be required to leave by the Government of that country, provided that:

a) Representatives of Members, or persons who are entitled to the immunities provided in section 20, shall not be required to leave the country otherwise than in accordance with the diplomatic procedure applicable to diplomatic envoys accredited to that country;

b) In the case of an official to whom section 20 is not applicable, no order to leave the country'

shall be issued by the territorial authorities other than with the approval of the Foreign Minister of the country in question, and such approval shall be given only after consultation with the Director General of the Agency; and, if expulsion proceedings are taken against an official, the Director General of the Agency shall have the right to appear in such proceedings on behalf of the person against whom they are instituted.

ARTICLE IX Laissez-passer

Section 28

Officials of the Agency shall be entitled to use the United Nations laissez-passer in conformity with administrative arrangements concluded between the Director General of the Agency and the Secretary-General of the United Nations. The Director General of the Agency shall notify each State party to this Agreement of the administrative arrangements so concluded.

Section 29

States parties to this Agreement shall recognize and accept the United Nations laissez-passer issued to officials of the Agency as valid travel documents.

Section 30

Applications for visas, where required, from officials of the .Agency holding United Nations laissez-passer, when accompanied by a certificate that they are travelling on the business of the Agency, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel.

Section 31

Similar facilities to those specified in section 30 shall be accorded to experts and other persons who, though not holders of United Nations laissez-passer, have a certificate that they are travelling on the business of the Agency.

Section 32

The Director General, the Deputy Directors General and other officials of a rank not lower than head of division of the Agency, travelling on United Nations laissez-passer on the business of the Agency, shall be granted the same facilities for travel as are accorded to officials of comparable rank in diplomatic missions.

ARTICLE X Settlement of disputes

Section 33

The Agency shall make provision for appropriate modes of settlement of:

a) Disputes arising out of contracts or other disputes of a private character to which thé Agency is a party;

3 DE MAIO DE 19991710-(37)/) The same immunities and facilities in respect of their personal baggage as are accorded to members of comparable rank of diplomatic missions.Section 24Nothing in subparagraphs c) and d) of section 23 shall be construed to preclude the adoption of appropriate security precautions to be determined by agreement between a State party to this Agreement and the Agency.Section 25Privileges and immunities are granted to the experts of the Agency in the interests of the Agency and not for the personal benefit of the individuals themselves. The Agency shall have the right and the duty to waive the immunity of any expert in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the Agency.ARTICLE VIII Abuses of privilegeSection 26If any State party to this Agreement considers that there has been an abuse of a privilege or immunity conferred by this Agreement, consultations shall be held between that State and the Agency to determine whether any such abuse has occurred and, if so, to attempt to ensure that no repetition occurs. If such consultations fail to achieve a result satisfactory to the State and the Agency, the question whether an abuse of a privilege or immunity has occurred shall be settled by a procedure in accordance with section 34. If it is found that such an abuse has occurred, the State party to this Agreement affected by such abuse has the right, after notification to the Agency, to withhold from the Agency the benefits of the privilege or immunity so abused. However, the withholding of privileges or immunities must not interfere with the Agency's principal activities or prevent the Agency from performing its principal functions.Section 27Representatives of Members at meetings convened by the Agency, while exercising their functions and during their journeys to and from the place of meeting and officials within the meaning of section 1, v), shall not be required by the territorial authorities to leave the country in which they are performing their functions on account of any activities by them in their official capacity. In the case, however, of abuse of privileges of residence committed by any such person in activities in that country outside his official functions, he may be required to leave by the Government of that country, provided that:a) Representatives of Members, or persons who are entitled to the immunities provided in section 20, shall not be required to leave the country otherwise than in accordance with the diplomatic procedure applicable to diplomatic envoys accredited to that country;b) In the case of an official to whom section 20 is not applicable, no order to leave the country'shall be issued by the territorial authorities other than with the approval of the Foreign Minister of the country in question, and such approval shall be given only after consultation with the Director General of the Agency; and, if expulsion proceedings are taken against an official, the Director General of the Agency shall have the right to appear in such proceedings on behalf of the person against whom they are instituted.ARTICLE IX Laissez-passerSection 28Officials of the Agency shall be entitled to use the United Nations laissez-passer in conformity with administrative arrangements concluded between the Director General of the Agency and the Secretary-General of the United Nations. The Director General of the Agency shall notify each State party to this Agreement of the administrative arrangements so concluded.Section 29States parties to this Agreement shall recognize and accept the United Nations laissez-passer issued to officials of the Agency as valid travel documents.Section 30Applications for visas, where required, from officials of the .Agency holding United Nations laissez-passer, when accompanied by a certificate that they are travelling on the business of the Agency, shall be dealt with as speedily as possible. In addition, such persons shall be granted facilities for speedy travel.Section 31Similar facilities to those specified in section 30 shall be accorded to experts and other persons who, though not holders of United Nations laissez-passer, have a certificate that they are travelling on the business of the Agency.Section 32The Director General, the Deputy Directors General and other officials of a rank not lower than head of division of the Agency, travelling on United Nations laissez-passer on the business of the Agency, shall be granted the same facilities for travel as are accorded to officials of comparable rank in diplomatic missions.ARTICLE X Settlement of disputesSection 33The Agency shall make provision for appropriate modes of settlement of:a) Disputes arising out of contracts or other disputes of a private character to which thé Agency is a party;

Descarregar páginas