Resolução da Assembleia da República n.º 135/2015 - Diário da República n.º 210/2015, Série I de 2015-10-27

 
TRECHO GRÁTIS

n.º 135/2015, em 19 de junho de 2015.

Assinado em 22 de outubro de 2015.

Publique-se.

O Presidente da República, ANÍBAL CAVACO SILVA.

Referendado em 22 de outubro de 2015.

O Primeiro -Ministro, Pedro Passos Coelho.

ASSEMBLEIA DA REPÚBLICA

Resolução da Assembleia da República n.º 135/2015

APROVA O ACORDO CELEBRADO ENTRE A REPÚBLICA PORTUGUESA E O IMAMAT ISMAILI COM VISTA AO ESTABELECIMENTO DA SUA SEDE EM PORTUGAL, ASSINADO EM 3 DE JUNHO DE 2015.

A Assembleia da República resolve, nos termos da alínea i) do artigo 161.º e do n.º 5 do artigo 166.º da Constituição, aprovar o Acordo celebrado entre a República Portuguesa e o Imamat Ismaili com vista ao estabelecimento da sua sede em Portugal, assinado em 3 de junho de 2015, cujo texto, na versão autenticada em língua inglesa e respetiva tradução para língua portuguesa, se publicam em anexo.

Aprovada em 19 de junho de 2015.

O Presidente da Assembleia da República, em exercício, Guilherme Silva.

AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE ISMAILI IMAMAT FOR THE ESTABLISHMENT OF THE SEAT OF THE ISMAILI IMAMAT IN PORTUGAL

The Portuguese Republic and the Ismaili Imamat, hereinafter referred to as "Parties":

Considering the Protocol of Co -operation between the Government of the Portuguese Republic and the Ismaili Imamat, signed in Lisbon on 19 December 2005 and considering further the Protocol of International Co -operation between the Ministry of Foreign Affairs of the Portuguese Republic and the Ismaili Imamat signed on 11 July 2008;

Recalling the Agreement between the Portuguese Republic and the Ismaili Imamat, signed in Lisbon, on 8 May 2009, whereby the legal personality of the Ismaili Imamat is recognised;

Having in mind the common purpose of strengthening the historical ties uniting both Parties, as well as of promoting enhanced enabling conditions for the activities of the Ismaili Imamat, its governance bodies and its dependent

institutions, in particular the member entities of the Aga Khan Development Network;

Furthermore having in mind the promotion of the quality of life of the global Shia Imami Ismaili Muslim Community and more generally of the people of the countries where the Ismaili Imamat or its dependent institutions are or may become active, including Portugal and the Portuguese people in particular;

Considering that both Parties assume, as common objectives, the defence of human dignity, economic and social development, interfaith dialogue and the peaceful resolution of conflicts, as ways of achieving justice and peace;

Affirming the interest of both Parties in the establishment of the Seat of the Ismaili Imamat in the territory of the Portuguese Republic and their common will mutually to respect each other's autonomy in the context of the mutual trust and esteem which has traditionally characterised their relationship;

Believing in the historic significance of such a decision for both Parties and fully appreciating the long term implications and complexities that such a decision entails;

Considering that the privileges, immunities and facilities recognised are not granted for the personal benefit of their holders, but merely in order to contribute to the effective and independent performance of their official and institutional functions on Portuguese territory;

agree as follows:

CHAPTER I

General provisions

Article 1

Definitions

For the purposes of this Agreement, the following terms shall have the meaning set forth below:

  1. "Ismaili Imamat", a legal entity, means the institution or office of the Imam of the Shia Imami Ismaili Muslims established in accordance with the applicable customary law;

  2. "Imam" means the Imam of the Shia Imami Ismaili Muslims, embodying the Ismaili Imamat at any given time in history, designated in accordance with the said customary law;

  3. "Dependent Institutions" means the instrumentalities of the Ismaili Imamat, in particular the member entities of the Aga Khan Development Network around the world, more particularly Fundação Aga Khan, a Portuguese foundation created by decree -law in 1996;

  4. "Seat" means the global head office of the Ismaili Imamat, as further defined in the present Agreement;

  5. "Members of the Seat" means the Senior Officials and the Staff Members of the Seat of the Ismaili Imamat;

  6. "Senior Officials" means the Heads of the Ismaili Imamat Departments;

  7. "Staff Members" means the Members of the Seat employed in the administrative and technical service of the Seat;

  8. "Premises of the Seat" means the buildings or parts of buildings and the land ancillary thereto used exclusively for carrying out the official mission and performing the official functions of the Ismaili Imamat, including the central Seat premises, the premises of the Delegation of the Ismaili Imamat in Lisbon and the official residence of the Imam.Article 2 Object

    1 - The Portuguese Republic acknowledges the legal personality and capacity of the Ismaili Imamat to act in international relations and welcomes the decision of the Imam to establish the Seat of the Ismaili Imamat in Portugal.

    2 - This Agreement establishes the privileges, immunities and facilities extended by the Portuguese Republic to the Ismaili Imamat, the Imam, the Senior Officials and the Staff Members, as well as to its Seat and assets, with a view to ensuring the performance of their official functions in Portugal and facilitating the same internationally.

    CHAPTER II

    Seat of the Ismaili Imamat

    Article 3 Seat

    1 - The Portuguese Republic shall ensure the conditions for the establishment of the Seat of the Ismaili Imamat within its territory as well as for the exercise of its functions, in accordance with the present agreement.

    2 - The location of the Premises of the Seat shall be subject to mutual agreement between the Parties. Pending the construction or acquisition of the central Premises of the Seat, and within a period of five (5) years, the Seat may be established in Lisbon, in the existing premises of the Delegation of the Ismaili Imamat. The Imam shall notify his decision in this respect to the Minister of Foreign Affairs.

    Article 4

    Function of the Seat of the Ismaili Imamat

    The function of the Seat is to serve as the global head office of the Ismaili Imamat with a view to:

  9. Facilitating the spiritual and secular guidance of the Imam to the Ismaili Community globally;

  10. Promoting the quality of life of the Ismaili Community globally and more generally of the people of the countries where the Ismaili Imamat or its Dependent Institutions are active;

  11. Enhancing international relations and co -operation with States, International Organisations and other entities.

    Article 5

    Appointment of the Members of the Seat

    1 - The appointment of the Senior Officials of the Seat of the Ismaili Imamat by the Imam shall be preceded by a consultation with the Portuguese Government and shall be notified to the Ministry of Foreign Affairs according to the procedures applicable to members of diplomatic missions accredited in the Portuguese Republic.

    2 - The number of Members of the Seat shall be determined by the Imam as may be necessary to enable the Ismaili Imamat to carry out its functions. The Ismaili Imamat will review such number with the Ministry of Foreign Affairs.

    3 - The Ministry of Foreign Affairs shall issue diplomatic identity cards to the Members of the Seat, according to the functions they perform, the highest level being attri-

    buted to Senior Officials and the other levels to the other Members of the Seat as the Minister of Foreign Affairs and the Imam shall establish.

    Article 6

    Inviolability of the Premises of the Seat

    1 - The Portuguese authorities shall take all appropriate steps to protect the Premises of the Seat of the Ismaili Imamat against any intrusion, threats or damage.

    2 - The Premises of the Seat, as well as the Ismaili Imamat land, air or sea vehicles used for its official functions, are inviolable, except in emergency situations that endanger public order and security, in case of a serious incident or any other event requiring immediate protective measures.

    3 - The Premises of the Seat cannot be used as a place of refuge for any individual prosecuted for a crime or flagrante delicto or subject to a court warrant, criminal conviction or a deportation order issued by the Portuguese authorities.

    Article 7

    Inviolability of files and correspondence

    The files and documents as well as the official...

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