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0014 | II Série A - Número 080S2 | 26 de Janeiro de 2006

 

Article 18
Notification of appointments and identity cards

1 - Each Group shall inform the Government of the beginning and cessation of the activities of any Staff members and experts, and shall regularly provide the Government with the list of all active Staff members and experts, indicating whether they have Portuguese nationality or if they are foreign citizens with permanent residence in Portugal.
2 - The Government shall issue an identity card with photographs to all Staff members and experts. This document shall be recognised by all official authorities.
3 - Each Group shall return the identity cards of Staff members or experts that have ceased their activities.

Article 19
Purpose of privileges and immunities

1 - Privileges and immunities provided by the present Agreement to Representatives, Staff members and experts are accorded not for the personal benefit of the individuals themselves, but in order to safeguard the independent exercise of their activities in connection with the work of each Group.
2 - Each Member State should consider waiving the immunity of its Representatives whenever this immunity could obstruct the course of justice, providing that, in the sole opinion of the Member State, this waiving of immunity does not prejudice the purposes for what the immunity was accorded.
3 - The Secretary-General shall have the right and the duty to waive those privileges and immunities accorded to any staff members or experts (other than his own), in any case where they would impede the course of justice and can be waived without prejudice to the purpose for which the privileges and immunities are accorded.
4 - The International Copper Study Group, the International Lead and Zinc Study Group and the International Nickel Study Group may waive the immunities of the Secretary-General.

Article 20
Cooperation between each Group and the Government

1 - Each Group shall cooperate at all times with the appropriate authorities of the Government to facilitate the enforcement of the laws and regulations of the Portuguese Republic and to prevent the occurrence of any abuse in connection with the privileges, immunities and facilities referred to in the present Agreement.
2 - Without prejudice to their privileges and immunities, it is the duty of all persons enjoying privileges and immunities under the present Agreement to respect the laws and regulations of the Portuguese Republic. They also have a duty not to interfere in the internal affairs of the Portuguese State.
3 - The right of the Government to take all preventive measures consistent with international law to guarantee national security shall not be prejudiced by the provisions of this Agreement.

PART V
Settlement of disputes

Article 21
Settlement of disputes with third parties

Disputes arising out of contracts and other disputes of a private law character to which any Group and a Portuguese person or entity are a party shall be submitted to arbitration under Portuguese law, except if the contract or Portuguese law provides for submission to other jurisdiction, namely the Portuguese courts.

Article 22
Submission to International Arbitration

When requested by the Government, each Group shall submit to international arbitration all disputes that:

a) Result from damages caused by any Group;
b) Involve any other non-contractual liability of any Group;
c) Involve a Staff member or expert of any Group, in which the person concerned can claim immunity from jurisdiction under this Agreement, where such immunity has not been waived.