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Treaty Series Recueil des Traites - United Nations Treaty Collection

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124 <strong>United</strong> <strong>Nations</strong> - <strong>Treaty</strong> <strong>Series</strong> 1969<br />

Article 38<br />

The agencies mentioned in article 35, paragraph (1), may, during the<br />

implementation of the legislation referred to in article 2, paragraph (1),<br />

and of this Convention, communicate with one another and with the persons<br />

concerned and their representatives direct.<br />

Article 39<br />

(1) Where a claim to a benefit under the legislation of one of the Contracting<br />

States has been submitted in the other Contracting State to an<br />

agency which is competent to receive a claim to a corresponding benefit<br />

under the legislation to which that agency itself is subject, the claim shall<br />

be deemed to have been submitted to the competent insurance authority.<br />

The same shall apply mutatis mutandis to other claims and also to notices<br />

and appeals.<br />

(2) A claim to a benefit under the legislation of one of the Contracting<br />

States which is lodged with a competent agency in the territory of that<br />

Contracting State shall also be deemed to be a claim to any corresponding<br />

benefit covered by this Convention under the legislation of the other Contracting<br />

State.<br />

(3) Claims, notices and appeals shall be transmitted without delay<br />

by the agency to which they have been submitted to the appropriate agency<br />

of the other Contracting State.<br />

Article 40<br />

Decisions of an insurance authority of one of the Contracting States<br />

may be served on a person resident in the territory of the other Contracting<br />

State direct by means of a registered letter with return receipt.<br />

Article 41<br />

Career consular authorities in the territory of both Contracting States<br />

shall be authorized, upon application by the competent persons, to take,<br />

without requiring the power of attorney, such steps as may be necessary<br />

to ensure and uphold the rights of nationals, of their own State. They may,<br />

in particular, petition, make statements to or institute remedies with the<br />

agencies referred to in article 35, paragraph (1), in the interest of the said<br />

nationals.<br />

No. 10090

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