Registo
Após a entrada em vigor do presente Acordo, a República Portuguesa submetê-lo-á para registo junto do Secretariado das Nações Unidas nos termos do artigo 102.º da Carta das Nações Unidas, devendo, igualmente, notificar a República do Cazaquistão deste procedimento e indicar-lhe o número de registo atribuído.
Feito em Astana, no dia 16 de Julho de 2010, em dois originais, nas línguas portuguesa, inglesa, cazaque e russa, fazendo todos os textos igualmente fé. Em caso de divergência de interpretação prevalecerá o texto em língua inglesa.
Pela República Portuguesa:
Luís Amado, Ministro de Estado e dos Negócios Estrangeiros.
Pela República do Cazaquistão:
Kanat Saudabayev, Secretário de Estado Ministro dos Negócios Estrangeiros da República do Cazaquistão.
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF KAZAKHSTAN ON THE SUPPRESSION OF VISAS FOR HOLDERS OF DIPLOMATIC PASSPORTS
The Portuguese Republic and the Republic of Kazakhstan, hereinafter referred to as "Parties",
Wishing to reinforce the relations of friendship and co-operation between both States;
Wishing to facilitate the movement of their citizens holding diplomatic passports,
Agree as follows:
Article 1
Object
This Agreement shall set forth the legal framework for the suppression of visas for holders of diplomatic passports of the Parties.
Article 2
Definitions
For the purposes of this Agreement the following provisions shall mean:
a) "Valid passport", the diplomatic passport of the Parties which at the time of the exit from the territory of one of the Parties has at least a three (3) month validity;
b) "Family member", the spouse as well as the dependent descendents and ascendants of holders of diplomatic passports.
Article 3
Short term stay
1. The citizens of the Portuguese Republic holding a valid Portuguese diplomatic passport may enter and stay in the territory of the Republic of Kazakhstan without visa for a maximum period of ninety (90) days during any six-month period from the date of first entry.
2. The citizens of the Republic of the Kazakhstan holding a valid kazakh diplomatic passport may enter and stay in the territory of the Portuguese Republic without visa for a maximum period of ninety (90) days during any six-month period from the date of first entry at the external border establishing the area of free movement created by the States which are Party to the Convention implementing the Schengen Agreement of 14 June 1985, adopted on 19 June 1990.
Article 4
Entry and Stay
1. The holders of a valid passport of the Portuguese Republic who are appointed to a Portuguese diplomatic mission or consular post in the Republic of Kazakhstan or to international organisations in the Republic of Kazakhstan, as well as their family members, may enter or stay in the territory of the Republic of Kazakhstan without a visa for the period of their mission.
2. The holders of a valid passport of the Republic of Kazakhstan, who are appointed to a Kazakhstan diplomatic mission or consular post in the Portuguese Republic or to international organisations in the Portuguese Republic, as well as their family members, may enter or stay in the territory of the Portuguese Republic without a visa for the period of their mission.
3. For the purposes of the previous paragraphs, each Party shall inform the other Party in writing and through the diplomatic channel, of the arrival of the holders of diplomatic passport appointed to a diplomatic mission or to international organizations in the territory of the Parties, as well as of their family members accompanying them, prior to the date of their entry to the territory of the other Party.
Article 5
Compliance with the national law of the Parties
1. The visa exemption shall not relieve a person from the obligation to comply with the national law of the Parties on the entry into, stay in and exit from the territory of destination of the holders of valid passports in accordance with the conditions set out in this Agreement.
2. The present Agreement does not exclude the right of the competent authorities of each Party to refuse entry or stay of citizens of the other Party in accordance with their national legislation.
Article 6
Information on passports
1. The Parties shall exchange through the diplomatic channels specimens of the valid passports no later than 30 (thirty) days after the date of the receipt of the later of the notifications conveying the completion of the internal procedures of each Party required for the entry into force of this Agreement.
2. Where either Party submits new diplomatic passports or modifies those previously exchanged, it shall inform the other Party through the diplomatic channels of the specimen of the new or modified passport no later than 30 (thirty) days before the date it begins to be used.
Article 7
Settlement of Disputes
The Parties shall settle any dispute concerning the interpretation or application of this Agreement through negotiation, through the diplomatic channels.
Article 8
Suspension of application
1. Either Party may temporarily suspend the application of this Agreement, wholly or partially, on grounds of public order, public health and national security.
2. The suspension of application of this Agreement shall be notified in writing through the diplomatic channels to the other Party no later than 3 (three) days.
Article 9
Amendments
This Agreement may be amended, by mutual consent of the Parties, through an amending protocol which is to be considered as integral part of this Agreement and shall enter into force in accordance with the terms specified in Article 11 of this Agreement.
Article 10
Duration and termination
1. This Agreement shall remain in force for an unlimited period of time.
2. Either Party may, at any time, terminate this Agreement upon a prior notification in writing through diplomatic channels.
3. This Agreement shall terminate three (3) months after the receipt of the notification mentioned in paragraph 2 of this Article.
Article 11
Entry into force
This Agreement shall enter into force thirty (30) days after the date of receipt of the later of the notifications, in writing through diplomatic channels, conveying the completion of the internal procedures of each Party required for that purpose.
Article 12
Registration
Upon the entry into force of this Agreement, the Portuguese Republic shall transmit it to the Secretariat of the United Nations for registration, in accordance with Article 102 of the Charter of the United Nations, and shall notify the Republic of Kazakhstan of the completion of this procedure as well as of its registration number.
Done at Astana, on 16 july 2010, in two originals, in the Portuguese, Kazakh, English, and Russian languages, all texts being authentic. In case of any divergence of interpretation, the English text shall prevail.
For the Portuguese Republic:
Luís Amado, Ministro de Estado e dos Negócios Estrangeiros.
For the the Republic Kazakhstan:
Kanat Saudabayev, The Secretary of State Minister of Foreign Affairs of the Republic of Kazakhstan.
(ver documento original)