Registo
A Parte em cujo território o presente Acordo for assinado, no mais breve prazo possível após a sua entrada em vigor, 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 outra Parte da conclusão deste procedimento e indicar-lhe o número de registo atribuído.
Feito em Lisboa aos 9 de Dezembro de 2007, em dois originais, nas línguas portuguesa, árabe e inglesa, fazendo os três textos igualmente fé. Em caso de divergência de interpretação, o texto inglês prevalecerá.
Pela República Portuguesa:
Luís Amado, Ministro de Estado e dos Negócios Estrangeiros.
Pela Grande Jamahiriya Árabe Líbia Popular Socialista:
Abdurrahman M. Shalgham, Secretário do Comité Geral Popular para as Relações Externas e Cooperação Internacional.
(ver documento original)
AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA ON ECONOMIC COOPERATION
The Portuguese Republic and the Great Socialist People's Libyan Arab Jamahiriya, hereinafter referred to as the «Parties»;
Aware of the importance of economic cooperation for the development and diversification of relations between the Parties;
Having the aim to intensify and diversify their bilateral relations, and actively develop economic cooperation based on equality and mutual benefit that will allow the Parties to take full advantage of the possibilities created by economic development and provide an enhanced quality of life for the population of both;
Considering that the Agreement on Trade and Economic, Scientific and Technical Cooperation, signed on 3 November 1976, is outdated in the presence of the realities of present-day economic relations between the two countries;
have agreed as follows:
Article 1
Scope of cooperation
1 - The Parties shall promote the economic cooperation between each other, with the purpose of intensifying and diversifying their bilateral relations.
2 - The Parties shall define the areas and sectors in which to enhance their cooperation, having in mind the balanced development of bilateral relations and their respective priorities in economic policy.
Article 2
Compliance with multilateral conventions
No provision of the present Agreement shall affect the international rights and obligations of the Parties assumed in the context of international multilateral agreements, of their participation in regional and international organizations.
Article 3
Cooperation mechanisms
Without prejudice to other beneficial measures for the development and diversification of bilateral cooperation, and with a view to reinforcing trade and investment flows in both directions and cooperation with third countries, the Parties, whilst respecting their internal juridical orders, agree to:
a) Foster the promotion of contacts between public and private institutions, including exchanges of experts, in formats to be decided between the entities involved;
b) Encourage the intensification of reciprocal contacts and business initiatives, such as business missions, fairs and exhibitions of goods, image promotion actions, as well as other initiatives designed to encourage cooperation between the economic agents and their respective representative organisations;
c) Promote the development of modern forms of cooperation such as the creation of joint-venture enterprises, cross participations, subcontracts, management contracts, research, exchanges of technologies and joint manufacturing of goods;
d) Make available information to the economic agents of both countries about concrete opportunities for cooperation and the development of bilateral relations;
e) Encourage economic organisations and enterprises from both States to enter into long term programmes, agreements and contracts between themselves;
f) Deploy efforts to make possible economic training programmes for senior management of Public Administration and the private sector of the two countries, with the objective to provide a better understanding of each country's economic reality and the potential offered by the two economies.
Article 4
Entrepreneurial cooperation
1 - The Parties shall develop and foster relations between the economic agents of both countries in the manufactured goods and services sectors, as well the realisation of investment projects and the creation of joint-ventures.
2 - The Parties likewise agree to promote economic cooperation between small and medium-sized enterprises (SMEs).
3 - The Parties shall give special attention to development of mutually-beneficial infrastructure projects, notably in the domains of energy, public works, transport, highways and railways, telecommunications, technological centres, industrial modernisation, environment industry, and fisheries, among others to be jointly identified.
Article 5
Incentives to cooperation
1 - The Parties undertake, where possible and in conformity with the legislation in force in their respective territories, favourable conditions for financing projects falling within the scope of the present agreement.
2 - The Parties shall facilitate, in accordance with their existing domestic legislation, the establishment in their territory of representative offices of economic organisations and enterprises of the other country.
Article 6
Industrial and intellectual property
The Parties, in the domains falling within the scope of cooperation, shall safeguard industrial and intellectual property rights, specifically those connected with trade, in accordance with their domestic law and with the regional and international conventions by which they are bound.
Article 7
Joint Economic Committee
1 - A Joint Economic Committee is hereby established, comprising government representatives from both countries responsible for bilateral economic relations and cooperation.
2 - The Joint Committee shall meet at the demand of either Party, by mutual agreement, alternately in Portugal and Libya, with date and venue to be agreed by diplomatic channels.
3 - Among other issues, the Joint Economic Committee shall monitor and be responsible for the adequate implementation of the present Agreement, specifically by identifying the most relevant areas of cooperation, approving proposals for the reinforcement of economic cooperation, and contributing to the detection and resolution of any problems resulting from its implementation.
4 - If necessary, the Joint Economic Committee may establish working groups to deal with specific subjects.
5 - The Joint Economic Committee shall approve its own rules of procedure.
Article 8
Consultation
Whenever problems arise in bilateral economic cooperation, the Parties shall seek satisfactory solutions through friendly consultations, in particular in the context of the Joint Economic Committee, in the spirit of jointly promoting the development of economic relations.
Article 9
Amendments
1 - The present Agreement may be amended by mutual consent, at the request of either Party.
2 - Any amendment shall enter into force in accordance with article 11.
Article 10
Duration and termination
1 - The present Agreement shall remain in force for successive and automatically renewable periods of five years.
2 - Either Party may terminate the present Agreement, by giving at least six months notice prior to its expiry date.
3 - Notice of termination shall be given in writing and through diplomatic channels, taking effect at the end of the current period.
4 - In the event of termination, any programme or project started during the term of this Agreement shall be maintained until its conclusion, unless otherwise agreed by the Parties.
Article 11
Entry into force
The present Agreement shall enter into force 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
Revocation
With the entry into force of the present Agreement, the Agreement on Trade and Economic, Scientific and Technical Cooperation, signed in Lisbon on 3 November 1976, shall cease to have effect.
Article 13
Registration
The Party in whose territory the present Agreement is signed shall, as soon as possible after its entry into force, submit it for registration with the Secretariat of the United Nations, in accordance with article 102 of the Charter of the United Nations, and shall likewise notify the other Party of the conclusion of this procedure indicating the Registration number given.
Done in Lisbon on 9 December 2007, in duplicate in the portuguese, arabic and english languages, all texts being equally authentic. In case of divergence of interpretation, the english version shall prevail.
For the Portuguese Republic:
Luís Amado, Minister of State and Foreign Affairs.
For the Great Socialist Peoples Libyan Arab Jamahiriya:
Abdurrahman M. Shalgham, Secretary of the General People's Committee for Foreign Liaison and International Co-Operation.