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Officials of the PCA and PCA Adjudicators will be present in the territory of the Portuguese Republic for only a

limited time, the accreditation and notification procedures set forth in Articles 4 through 7, 10, and 13 of the 1961

Vienna Convention shall not be applicable.

(3) When Personnel of the Portuguese Republic are assigned to assist in the conduct of PCA Proceedings

in the territory of the Portuguese Republic, they shall enjoy immunities under this Agreement from the moment

of their assignment.

(4) Upon receipt of notification from parties to PCA Proceedings as to the appointment of a Participant in

Proceedings, a certification of the status of such person shall be provided to the Portuguese Republic under the

signature of an Official of the PCA. The authorities of the Portuguese Republic shall accord the privileges and

immunities provided for in Article 8 upon production of this certification.

(5) Whenever a determination is required as to whether a person enjoys status under this agreement entitling

him or her to privileges and immunities, or of whether words or acts are connected to the discharge of that

person’s official duties, such determination shall be made by the competent authority.

(6) The privileges and immunities provided for in Articles 6 to 8 of this Agreement are granted in the interests

of the good administration of justice and not for the personal benefit of the individuals themselves. The competent

authority has the right and the duty to waive the immunity in any case where, in the opinion of such authority, the

immunity would impede the course of justice and can be waived without prejudice to the interests of the PCA or

to any PCA Proceedings in connection with which those privileges and immunities are granted.

(7) For the purposes of this Article, the competent authority shall be:

(a) in the case of PCA Adjudicators and Officials of the PCA (other than the Secretary-General), the

Secretary General;

(b) in the case of the Secretary-General, the Administrative Council of the PCA;

(c) in the case of Personnel of the Portuguese Republic, the Secretary-General;

(d) in the case of Participants in Proceedings representing or designated by a State which is a party to the

relevant PCA Proceedings, that State;

(e) in the case of other individuals appearing at the instance of a party to PCA Proceedings, the Secretary-

General.

Article 10 – Abuse of Privileges and Immunities

(1) Without prejudice to the privileges and immunities provided for in Articles 6 to 8 of this Agreement, the

individuals referred to in those Articles shall observe the laws and regulations of the Portuguese Republic, and

they shall not interfere in its internal affairs.

(2) The Secretary-General shall take every precaution to ensure that no abuse of the privileges and

immunities provided for in Articles 6 to 8 of this Agreement shall occur. If the Portuguese Republic considers that

there has been abuse of a privilege or immunity provided for in Articles 6 to 8 of this Agreement, the Secretary-

General shall, when so requested, enter into consultations with the relevant authorities of the Portuguese

Republic to determine whether such abuse has occurred. If the consultations fail to achieve a result satisfactory

to the Portuguese Republic and to the Secretary-General, the matter shall be resolved according to the

procedures established in Article 15 of this Agreement.

(3) In case of abuse of the privileges and immunities committed by the individuals referred to in Articles 6 to

8 in the course of activities carried out in the territory of the Portuguese Republic outside of their official duties,

the Portuguese Republic may require these individuals to leave the territory of the Portuguese Republic, provided

that:

(a) in the case of persons entitled to privileges and immunities as well as exemptions and facilities under

Article 6, they shall not be required to leave the territory of the Portuguese Republic otherwise than according to

the diplomatic procedure applicable to diplomatic envoys accredited to the Portuguese Republic; and

(b) in the case of all other individuals to whom Article 6 is not applicable, no order to leave the territory of the

Portuguese Republic shall be issued unless the Ministry of Foreign Affairs has approved it and the Secretary-

General has been notified beforehand.