1 - O Acordo entrará em vigor 30 dias após a data de recepção da segunda Nota, na qual uma das Partes Contratantes comunica à outra Parte Contratante o seu acordo, segundo os procedimentos constitucionais de ambos os países.
2 - As emendas ao presente Acordo, acordadas por ambas as Partes, entrarão em vigor de acordo com o estipulado no parágrafo 1.
3 - O Acordo permanecerá válido pelo período de cinco anos e, após esse período, será automaticamente renovado anualmente, excepto se uma das Partes notificar a outra Parte por escrito, através dos canais diplomáticos, com seis meses de antecedência, da sua intenção de o denunciar.
Feito em Lisboa em 31 de Março de 2000 em dois originais, contendo cada um os textos do Acordo nas línguas portuguesa, hindi e inglesa, sendo todos os textos igualmente válidos. No caso de divergência de interpretação, a versão inglesa prevalecerá.
Pela República Portuguesa:
Jaime José Matos da Gama.
Pela República da Índia:
Jaswant Singh.
(ver texto em língua hindi no documento original)
AGREEMENT ON ECONOMIC AND INDUSTRIAL CO-OPERATION BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF INDIA
The Portuguese Republic and the Republic of India, hereinafter referred to as the Contracting Parties:
Conscious of the importance of economic and industrial co-operation for the development and diversification of the relations between both countries;
With a view to strengthen the existing economic relations between the two countries on a basis of equity and reciprocity of advantages which will allow a full use of the opportunities provided by economic and industrial progress;
Bearing in mind the Co-operation Agreement signed on 1993, between the European Economic Community and the Republic of India;
Taking into account the provisions of the World Trade Organisation of which the two countries are parties;
In accordance with the internal legislation and the international obligations of the two countries;
In modification of the earlier Agreement viz. Trade and Economic, Industrial and Technical Co-operation Agreement between the Government of Portugal and the Government of India signed in Lisbon on the 7th April, 1977;
Have agreed as follows:
Article 1
1 - The Contracting Parties shall promote economic and industrial co-operation between the two countries aiming at intensifying and diversifying their bilateral relations.
2 - The Contracting Parties shall define by mutual agreement, the field or fields in which the bilateral co-operation appears to be more advantageous, taking into account the regular development of bilateral relations and the priorities of the economic policy of the two countries.
3 - Being parties to the WTO Agreements, the Contracting Parties shall grant each other the most-favoured-nation treatment in all economic matters between the two countries in accordance with the provisions of the WTO with exemptions and exceptions as provided therein.
Article 2
1 - Without prejudice to other beneficial measures for the implementation of bilateral co-operation and in accordance with the legislation in force, the Contracting Parties shall:
a) Encourage the promotion of contacts between the public institutions of both countries including the exchange of experts under terms to be agreed upon between the concerned bodies;
b) Support initiatives such as fairs, exhibitions, symposia and other meetings intended to promote and develop co-operation between the two countries and mainly between their economic agents and representative organisations;
c) Encourage the reinforcement of the bilateral economic relationship including the two-way flow of trade and investments;
d) Facilitate the implementation of new forms of co-operation such as the creation of joint ventures, cross investments, sub-contracting, management contracts, research, the exchange of technologies and the joint production of goods;
e) Provide information to economic agents of the two countries about the concrete opportunities of co-operation and development of bilateral economic relations;
f) Support co-operation between economic organisations and enterprises of the two countries, namely the establishment of long term programmes, protocols and contracts;
g) Support educational programmes with specific interest for the economic activity, aiming at the development of technical skills of entrepreneurs and managers, as well as senior executive officers and other staff officers.
2 - The Contracting Parties shall facilitate in their own countries subject to their legislation the establishment of offices representing economic organisations and enterprises of the other country.
Article 3
Under the co-operation established by the current agreement, the Contracting Parties shall promote initiatives of small and medium size enterprises of the two countries, namely proposals aiming to reduce administrative formalities and the creation of joint ventures to operate in third countries.
Article 4
The Contracting Parties shall grant financial facilities as favourable as possible, to projects within the framework of the present Agreement, in accordance with the legislation of each of the respective countries.
Article 5
The Contracting Parties shall endeavour to create an appropriate environment for conclusion of agreements relating to mutual promotion and protection of investments and avoidance of double taxation and the prevention of fiscal evasion.
Article 6
Both Parties shall ensure and reinforce within their domestic law and their international obligations the industrial and intellectual property rights, namely its trade related aspects.
Article 7
1 - With a view to ensuring the implementation of the present Agreement, the Contracting Parties shall establish a joint commission, composed of representatives of both countries which will meet if necessary, once a year, and at the request of one of the Contracting Parties alternately in India and Portugal.
2 - The joint commission shall supervise and coordinate the trade, economic and industrial co-operation between the two countries. It shall identify areas of co-operation of mutual advantages and recommended measures of application including setting up, under aegis of the joint commission, of the sub-committees or working group on sectors of mutual interest.
3 - The joint commission shall approve its own rules of procedure.
Article 8
The present Agreement shall not affect the international obligations undertaken by the Contracting Parties.
Article 9
1 - The Agreement shall come into force 30 days after the date of receiving the second of notes by which the Contracting Parties inform each other about its approval in accordance with the constitutional procedures of both countries.
2 - Amendments to the present Agreement, agreed by both Parties, shall come into force in accordance with paragraph 1.
3 - The Agreement shall be valid for a period of five years and shall automatically be renewed each subsequent year, unless of one of the Parties notifies the other Party in writing through diplomatic channels, six months in advance, of its wish to terminate it.
Done in Lisbon on 31st March 2000 in two originals, each containing the texts of the Agreement in the Portuguese, Hindi and English languages all the text being equally authentic. In case of divergence of interpretation, the text in English shall prevail.
For the Portuguese Republic:
Jaime José Matos da Gama.
For the Republic of India:
Jaswant Singh.