Ambos os Estados Contratantes notificam por escrito um ao outro o cumprimento dos respectivos procedimentos estatutários e constitucionais necessários para a entrada em vigor do presente Acordo. O presente Acordo entrará em vigor no primeiro dia do terceiro mês seguinte à data da última notificação.
Em fé do que os abaixo assinados, devidamente autorizados para o efeito, assinaram o presente Acordo.
Feito em Lisboa, a 30 de Março de 1988, em duplicado, nas línguas portuguesa e inglesa, fazendo ambos os textos igualmente fé.
Pelo Governo da República Portuguesa:
Manuel Filipe Correia de Jesus.
Pelo Governo dos Estados Unidos da América:
(Assinatura ilegível.)
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE UNITED STATES OF AMERICA ON SOCIAL SECURITY
The Government of the Portuguese Republic and the Government of the United States of America, being desirous of regulating the relationship between their two countries in the field of Social Security, have agreed as follows:
PART I
General provisions
Article 1
For the purpose of this Agreement:
1) «Territory» means:
As regards the United States, the States, the District of Columbia, the Comnonwealth of Puerto Rico, the Virgin Islands, Guam and American Samoa; and
As regards Portugal, the territory on the european continent and the archipelagos of the Azores and Madeira;
2) «National» means:
As regards the United States, a national of the United States as defined in section 101, Immigration and Nationality Act, as amended; and
As regards Portugal, a person of Portuguese nationality;
3) «Laws» means the laws and regulations specified in article 2, which are in force in the territory of either Contracting State or in any part of that territory;
4) «Competent Authority» means:
As regards the United States, the Secretary of Health and Human Services; and
As regards Portugal, the minister or other corresponding authority responsible for the social security schemes in all or any part of the territory of Portugal;
5) «Agency» means:
As regards the United States, the Social Security Administration; and
As regards Portugal, the body or authority entrusted with the application of the social security schemes under the laws specified in paragraph 1, b), of article 2;
6) «Period of coverage» means a period of payment of contributions or a period of earnings from employment or self-employment, as defined or recognized as a period of coverage by the laws under which such period has been completed, or any similar period insofar as it is recognized by such laws as equivalent to a period of coverage;
7) «Benefit» means any benefit provided for in the laws of either Contracting State.
Article 2
1 - For the purpose of this Agreement, the applicable laws are:
a) As regards the United States, the laws governing the Federal Old-Age, Survivors and Disability Insurance Program:
i) Title II of the Social Security Act and regulations pertaining thereto, except sections 226, 226-A and 228 of the title and regulations pertaining to those sections; and
ii) Chapter 2 and chapter 21 of the Internal Revenue Code of 1986 and regulations pertaining to those chapters;
b) As regards Portugal:
i) The laws governing the general social security system of old-age, survivors, and disability insurance;
ii) The laws governing special systems for certains categories of workers, to the extent that these laws relate to the risks covered by the laws referred to in clause i).
2 - This Agreement shall apply also to future laws which supplement or amend the laws specified in paragraph 1 of this article.
3 - Unless otherwise provided in this Agreement, the laws referred to in paragraph 1 shall not include any treaty or other international agreement or supranational legislation on social security which may be in force between either Contracting State and a third State, or laws or regulations promulgated for their specific implementation.
4 - This Agreement shall not apply to social assistance programs or to special systems for civil servants or persons treated as such.
Article 3
1 - A person who is a national of a Contracting State or who has been subject to the laws of a Contracting State and who resides within the territory of the other Contracting State shall, together with his dependents, receive equal treatment with nationals of the other Contracting State in the application of the laws of the other Contracting State regarding the benefits provided for in those laws.
2 - Unless otherwise provided in this Agreement, any provision of the laws of a Contracting State which restricts entitlement to or payment of cash benefits solely because a person resides outside or is absent from the territory of that Contracting State shall not be applicable to the persons who reside in the territory of the other Contracting State.
PART II
Provisions on coverage
Article 4
1 - Except as otherwise provided in this part, a person employed within the territory of one of the Contracting States shall, with respect to that employment, be subject to the laws of only that Contracting State.
2 - A person who would otherwise be compulsorily covered under the laws of both Contracting States with respect to self-employment shall be subject only to the laws of the Contracting State of which he is a resident.
Article 5
1 - a) Where a person who is covered under the laws of a Contracting State with respect to work performed for an employer having a place of business in the territory of that Contracting State is sent by that employer to work in the territory of the other Contracting State, the person shall be subject to the laws of only the first Contracting State as if he were employed in the territory of the first Contracting State, provided that the period of employment in the territory of the other Contracting State is not expected to exceed five years. If the period of employment is prolonged due to unforeseen circumstances for more than five years, the laws of the first Contracting State shall continue to apply for a new period of not more than one year, provided that the competent authority of the other Contracting State consents. Any extension must be requested before the termination of the initial period of five years.
b) Subparagraph a) shall apply where a person who has been sent by his employer from the territory of a Contracting State to the territory of a third State is subsequently sent by that employer from the territory of the third State to the territory of the other Contracting State.
2 - Where the same activity is considered to be self-employment under the laws of one Contracting State and employment under the laws of the other Contracting State, that activity shall be treated according to the provisions of this part concerning self-employment if the person is a resident of the first Contracting State and according to the provisions of this part concerning employment in any other case.
3 - A person who would otherwise be compulsorily covered under the laws of both Contracting States with respect to employment as an officer or number of a crew on a ship or aircraft shall be subject only to the laws of the Contracting State of which he is a resident.
Article 6
1 - This Agreement shall not affect the provisions of the Vienna Convention on Diplomatic Relations of April 18, 1961, or of the Vienna Convention on Consular Relations of April 24, 1963.
2 - Nationals of one of the Contracting States who are employed by the Government of that Contracting State in the territory of the other Contracting State but who are not exempt from the laws of the other Contracting State by virtue of the Conventions mentioned in paragraph 1 shall be subject to the laws of only the first Contracting State. For the purposes of this paragraph, employment by the Government of a Contracting State includes employment by an instrumentality thereof.
Article 7
The competent authorities of the two Contracting States may agree to grant an exception to the provisions of articles 4, 5 and 6 with respect to any person or category of persons, provided that the affected person or persons shall be subject to the laws of one of the Contracting States.
Article 8
1 - A national of a Contracting State residing in the territory of the other Contracting State shall be entitled to register for any voluntary insurance provided under the laws of the other Contracting State on the same basis as nationals of the other Contracting State.
2 - A person who has been subject to the laws of a Contracting State shall be entitled to register for any optional continued insurance provided under the laws of that Contracting State on the same basis as a national of that Contracting State, and, where necessary, periods of coverage completed under the laws of the other Contracting State shall be taken into account, provided that the person resides in the territory of the first Contracting State.
PART III
Provisions on benefits
Article 9
The following provisions shall apply to the United States:
1 - Where a person has completed at least six quarters of coverage under United States laws, but does not have sufficient quarters of coverage to satisfy the requirements for entitlement to benefits under United States laws, the agency of the United States shall take into account, for the purpose of establishing entitlement to benefits under this article, periods of coverage which are credited under the laws of Portugal and which do not coincide with periods of coverage already credited under United States laws.
2 - In determining eligibility for benefits under paragraph 1 of this article, the agency of the United States shall credit one quarter of coverage for every three months of coverage certified by the agency of Portugal; however, no quarter of coverage shall be credited for any calender quarter already credited as a quarter of coverage under United States laws. The total number of quarters of coverage to be credited, for a year shall not exceed four.
3 - Where entitlement to a benefit under United States laws is established according to the provisions of paragraph 1, the agency of the United States shall compute a pro rata primary insurance amount in accordance with United States laws based on (a) the person's average earnings credited exclusively under United States laws and (b) the ratio of the duration of the person's periods of coverage completed under United States laws to the duration of a coverage lifetime as determined in accordance with United States laws. Benefits payable under United States laws shall be based on the pro rata primary insurance amount.
4 - Entitlement to a benefit from the United States which results from paragraph 1 stall terminate with the acquisition of sufficient periods of coverage under United States laws to establish entitlement to an equal or higher benefit without the need to invoke the provisions of paragraph 1.
Article 10
The following provisions shall apply to Portugal:
1 - Where a person has completed at least one year of coverage under Portuguese law, but does not have sufficient periods of coverage to satisfy the requirements for entitlement to benefits under Portuguese law, the agency of Portugal shall take into account, for the purpose of establishing entitlement to benefits under this article, periods of coverage which are credited under to laws of the United States and which do not coincide with periods of coverage already credited under Portuguese law.
2 - Where Portuguese laws establish as a condition for receiving certain benefits that the periods of coverage be completed in a given profession or occupation which is subject to a special pension system, indetermining eligibility for such benefits only the periods completed under United States laws in the same profession or occupation shall be totalized with periods of coverage under such special system. If the total of such periods of coverage does not result in entitlement under the special system, such periods shall be used to determine eligibility for benefits of the general system applicable under Portuguese laws to employed persons.
3 - In determining eligibility for benefits under paragraph 1 of this article, the agency of Portugal shall credit three months of coverage for every quarter of coverage certified by the agency of the United States.
4 - Where a person satisfies the conditions required by Portuguese law for entitlement to benefits solely by virtue of the privisions of paragraph 1 of this article, the agency of Portugal shall calculate the amount of the benefits to which the person is entitled on the basis of (a) the periods of coverage completed exclusively under Portuguese law and (b) the person's average earnings credited exclusively under Portuguese law.
5 - If a person who resides in the territory of Portugal becomes entitled to benefits under paragraph 1 as well as benefits under United States laws, and the amount of the combined benefits is less than the benefit amount which would be payable based on the minimum basic benefit amount payable under Portuguese laws, the agency of Portugal shall pay, in addition to the pro rata amount calculated according to paragraph 4, a supplement equal to the difference between the amount of such combined benefits and the amount of benefits which would be payable to the person based on such minimum basic benefit amount.
6 - Entitlement to a benefit from Portugal which results from paragraph 1 shall terminate with the acquisition of sufficient periods of coverage under Portuguese law to establish entitlement to an equal or higher benefit without the need to invoke the provisions of paragraph 1.
Article 11
Peridos of coverage of a Contracting State which have been completed under a Social Security pension system to which this Agreement does not apply, but which are taken into account by a system governed by the laws of that Contracting State referred to in article 2, shall be considered as periods of coverage for the purpose of totalization by the agency of the other Contracting State.
PART IV
Miscellaneous provisions
Article 12
The competent authorities of the two Contracting States shall:
a) Make all necessary administrative arrangements for the application of this Agreement;
b) Communicate to each other information concerning the measures taken for the application of this Agreement;
c) Communicate to each other, as soon as possible, information concerning all changes in their respective laws which may affect the application of this Agreement.
Article 13
1 - The competent authorities and the agencies of the Contracting States, within the scope of their respective authority, shall assist each other in implementing this Agreement.
2 - For the purpose of facilitating the implementation of this Agreement, liaison agencies shall be designated in an administrative arrangement.
Article 14
Any application, appeal or other document which according to the laws of a Contracting State must be submitted within a specified period to an agency of that Contracting State, but which is instead submitted within the same period to the agency of the other Contracting State shall be considered to have been submitted on time. In such case, the agency with which the application, appeal or document has been filed shall indicate the date of receipt on the document and transmit it without delay to the appropriate agency of the other Contracting State either directly or by way of the liaison agency.
Article 15
1 - Where the laws of a Contracting State provide that any document which is submitted to a competent authority or an agency of that Contracting State shall be exempted, wholly or partly, from fees or charges, including consular and administrative fees, the exemption shall also apply to corresponding documents which are submitted to a competent authority or an agency of the other Contracting State in the application of this Agreement.
2 - Documents and certificates which are presented for purposes of this Agreement shall be exempt from requirements for authentication by diplomatic or consular authorities.
Article 16
1 - A written application for benefits filed with an agency of one Contracting State shall protect the rights of the claimants under the laws of the other Contracting State if the applicant requests that it be considered an application under the laws of the other Contracting State.
2 - If an applicant has filed a written application for benefits with the agency of one Contracting State and has not specifically restricted the application to benefits under the laws of that State, the application shall also protect the rights of the claimants under the laws of the other Contracting State if the applicant provides information at the time of filing indicating that the person on whose record benefits are claimed has completed periods of coverage under the laws of the other Contracting State.
3 - The provisions of this Agreement shall apply only to an application for benefits which is filed on or after the date this Agreement enters into force.
Article 17
The competent authorities and agencies of the Contracting States may correspond directly with each other and with any person wherever the person may reside whenever it is necessary for the administration of this Agreement. The correspondence may be in the English or Portuguese language.
Article 18
1 - Payments under this Agreement may be made in the currency of the Contracting State making the payments.
2 - In case provisions designed to restrict the exchange or exportation of currencies are introduced by either Contracting State, the Governments of both Contracting States shall immediately adopt the measures necessary to insure the transfer of sums owed by either Contracting State under this Agreement.
Article 19
This Agreement may be amended in the future by supplementary agreements, which from their entry into force shall be considered an integral part of this Agreement. Such supplementary agreements may be given retroactive effect if they so specify.
Article 20
1 - Disagreements between the two Contracting States regarding the interpretation or application of this Agreement shall, as far as possible, be settled by the competent authorities.
2 - If such a disagreement cannot be resolved within a period of six months, either Contracting State may submit the matter to binding arbitration by an arbitral body whose composition and procedure shall be agreed upon by the Contracting States.
PART V
Transitional and final provisions
Article 21
1 - Upon entry into force of this Agreement, the notes exchanged between the Ambassador of the United States of America and the Minister of Foreign Affairs of Portugal on May 1, 1968, shall cease to have effect; provided, however, that no person shall suffer any loss of rights to benefits outside the territory of Portugal which he had under those notes or would have had if those notes had remained in effect.
2 - In the application of this Agreement, consideration shall be given to periods of coverage under the laws of either Contracting State which occurred prior to the entry into force of this Agreement, in order to determine the right to benefits under this Agreement; except that neither State shall take into account periods which occurred prior to the earliest date for which periods may be credited as periods of coverage under its laws.
3 - This Agreement shall also apply to events relevant to rights under the laws of either Contracting State which occurred prior to its entry into force.
4 - This Agreement shall not establish any claim to payment of a benefit for any period before its entry into force or a lumpsum death benefit if the person died before its entry into force.
5 - Determinations made before the entry into force of this Agreement shall not affect rights arising under it.
6 - The application of this Agreement shall not result in any reduction in the amount of benefits to which entitlement was established prior to its entry into force.
7 - In applying article 5, paragraph 1, in the case of persons who were sent to the territory of a Contracting State prior to the date of entry into force of this Agreement, the period of employment referred to in that paragraph shall be considered to begin on that date.
Article 22
1 - This Agreement shall remain in force and effect until the expiration of one calendar year following the year in which written notice of its termination is given by one of the Contracting States to the other Contracting State.
2 - If this Agreement is terminated, rights regarding entitlement to or payment of benefits acquired under it shall be retained; the Contracting States shall make arrangements dealing with rights in the process of being acquired.
Article 23
Both Contracting States shall notify each other in writing of the completion of their respective statutory and constitutional procedures required for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the third month following the date of the last notification.
In witness whereof, the undersigned, being duly authorized thereto, have signed the presente Agreement.
Done at Lisbon, on March 30, 1988, in duplicate, in the Portuguese and English languages, both texts being equally authentic.
For the Government of the Portuguese Republic:
Manuel Filipe Correia de Jesus.
For the Government of the United States of America:
(Assinatura ilegível.)
Está conforme o original.
(Assinatura ilegível.)