Resolução da Assembleia da República n.º 38/95 — Aprova, para ratificação, o Acordo de Cooperação e Defesa entre a República Portuguesa e os Estados Unidos da América…

2 - São igualmente isentas do imposto sobre o valor acrescentado ou imposto que o substitua as prestações de serviços, localizadas em território português, de que sejam destinatárias as Forças e o elemento civil.

3 - As aquisições de bens e serviços referidas nos n.os 1 e 2 efectuadas pelas Forças nos Estados membros da Comunidade Europeia não estão sujeitas ao imposto sobre o valor acrescentado em Portugal.

4 - Para as aquisições no mercado interno as isenções referidas nos n.os 1 e 2 não se farão mediante o recurso ao sistema de cobrança e reembolso aplicável às representações diplomáticas de acordo com a legislação portuguesa.

Artigo X

Outras isenções

1 - O equipamento, abastecimentos, materiais e outras mercadorias, referidos nos artigos anteriores deste anexo, são isentos dos impostos e de outros encargos que sobre eles poderiam incidir após a sua importação ou aquisição pelas Forças dos Estados Unidos.

2 - Os membros da Força ou do elemento civil, bem como as pessoas a cargo, são isentos de impostos sobre vencimentos ou outros rendimentos auferidos no exercício de actividades conexas com o presente Acordo e localizadas na Base Aérea n.º4 (Lajes) e suas instalações de apoio.

3 - Os membros da Força ou do elemento civil, bem como as pessoas a cargo, gozam, relativamente a bens móveis, de isenção de impostos e de taxas do Estado Português, da Região Autónoma dos Açores e das autarquias locais sobre a propriedade, posse, uso, transmissão entre eles em vida ou transmissão por morte desses bens.

4 - As aeronaves e os navios públicos ou afretados pelas Forças dos Estados Unidos, quando na execução de missões relacionadas com o uso das instalações concedidas, são isentos do pagamento de taxas de aterragem, portuárias, de navegação e sobrevoo ou de quaisquer outros encargos, com excepção dos encargos resultantes de serviços que sejam prestados a pedido.

Artigo XI

Contratantes e subcontratantes e seus empregados

1 - Ficam isentos do imposto sobre o rendimento das pessoas singulares (IRS), do imposto sobre o rendimento das pessoas colectivas (IRC) e da derrama os contratantes e subcontratantes nacionais ou estrangeiros relativamente aos lucros derivados das obras e trabalhos respeitantes às instalações concedidas.

2 - O disposto no número anterior não prejudica o englobamento dos rendimentos isentos para efeitos do disposto na lei portuguesa e determinação da taxa aplicável à restante matéria colectável.

3 - Os cidadãos americanos empregados de contratantes que executam um contrato ao serviço das Forças dos Estados Unidos são considerados membros do elemento civil para os efeitos seguintes:

4 - Os veículos dos contratantes importados em Portugal com isenção de direitos podem ser registados pelas Forças dos Estados Unidos nos termos do artigo V do anexo H.

Artigo XII

Importação de objectos pessoais

1 - Nos termos do artigo XI, n.os 5, 6 e 7, do NATO SOFA, os objectos pessoais, artigos de instalação e mobiliário para uso exclusivo dos membros da Força ou do elemento civil podem ser importados e mantidos em Portugal com isenção de direitos, impostos e de outros encargos, durante o período em que tais pessoas permanecerem em Portugal.

2 - A subsequente exportação de bens importados nos termos do n.º 1 ou adquiridos em Portugal para uso pessoal do proprietário é isenta de direitos e de outros encargos.

Artigo XIII

Prevenção de abusos

O Comando das Forças dos Estados Unidos cooperará com o Comando da Base Aérea n.º 4 (Lajes) na prevenção de infracções às leis fiscais e aduaneiras portuguesas e de abusos das isenções contidas neste anexo.

([ver documento original](https://files.diariodarepublica.pt/1s/1995/10/235a00/62506288.pdf))

Anexo J — Serviços de saúde

Artigo I

Hospitais e centros de saúde

As Forças dos Estados Unidos podem montar e operar instalações de assistência médica nos Açores para apoio do seu pessoal militar, do elemento civil e das pessoas a cargo. Em caso de urgência ou mediante autorização concedida caso a caso a pedidos feitos por qualquer dos comandantes, pode ser prestada assistência médica pelo outro Comando numa base de reembolso total.

Artigo II

Farmácias

1 - As receitas de medicamentos prescritas por médicos nos serviços de saúde das Forças dos Estados Unidos serão aviadas pelas farmácias das Forças dos Estados Unidos. Em caso de urgência, estes médicos podem passar receitas de medicamentos para serem adquiridos nas farmácias portuguesas.

2 - As farmácias das Forças dos Estados Unidos fornecerão medicamentos apenas às pessoas abrangidas pelo artigo I, salvo se autorizadas pelo comandante da Base Aérea n.º 4 (Lajes).

3 - As farmácias das Forças dos Estados Unidos podem abastecer-se de material médico no mercado local.

Artigo III

Cooperação com os serviços de saúde portugueses

Os serviços de saúde das Forças dos Estados Unidos cooperarão, quando solicitados, com os serviços de saúde portugueses na manutenção da saúde pública. Serão prestadas mutuamente informações de interesse, que não comprometam a ética e sigilo profissional.

Artigo IV

Prática médica

Os serviços de saúde das Forças dos Estados Unidos abster-se-ão de qualquer prática médica proibida pela lei portuguesa.

Artigo V

Actividades exteriores do pessoal médico e paramédico

Em casos excepcionais, e quando permitido pela lei dos Estados Unidos, o pessoal médico e paramédico dos Estados Unidos pode prestar assistência gratuita em estabelecimentos de saúde portugueses, com o acordo do comandante da Base Aérea n.º 4 (Lajes).

ANEXO N.º 2 — AGREEMENT ON COOPERATION AND DEFENSE BETWEEN PORTUGAL AND THE UNITED STATES OF AMERICA

Portugal and the United States of America:

Faithful to the principles and purposes of the Charter of the United Nations;

Cognizant of the rights and duties deriving from their participation in the North Atlantic Treaty;

Confident in the contribution of other international organizations to world peace and security;

Resolved to join efforts for the continued promotion of international peace and security and for the common security the two States, taking into account the significant changes which have taken place in the last forty years;

Recognizing that the Defence Agreement of September 6, 1951, and specifically the facilities in the Azores have contributed to the common security of their peoples and to the promotion of peace and international security;

Desiring to endow the relationship between the two States with a permanent framework;

Resolving to deepen that relationship, by means of reinforcing the ties of friendship and cooperation between their peoples; and

Convinced that their cooperation should be as diversified as possible and in accordance with principles of mutual benefit:

have agreed as follows:

Article I

Scope

The Government of Portugal and the Government of the United States of America (hereinafter referred to as «the Parties») have decided, in the spirit of friendship which unites them, and with respect for the sovereignty of the two States, to deepen bilateral dialogue and cooperation, guided by the principles and objectives set forth in the preamble of this Agreement.

Article II

Political and political-military consultations

1 - The Parties agree to hold annual conversations, including whenever agreed at the level of the Secretary of State and the Minister of Foreign Affairs, concerning their bilateral relations and current international issues of mutual interest.

2 - The Parties will in addition consult annually at the level of senior officials of the government departments involved, regarding issues of a political-military nature.

Article III

Standing Bilateral Commission

1 - The Parties hereby establish a Standing Bilateral Commission (hereinafter referred to as «the Commission»), to promote the execution of this Agreement and cooperation between the two countries, in accordance with the applicable laws of the Parties.

2 - The Commission shall consist of an equal number of senior governmental representatives appointed by each Party. A representative of the Portuguese Ministry of Foreign Affairs and the United States Departament of State shall serve as the head of each Party's delegation.

3 - The Commission will meet semi-annually and more often as required. The semi-annual meetings will alternate between the capitals of the Parties.

4 - The Commission will adopt its own procedures.

5 - The Commission shall receive and consider reports from the Bilateral Committees established by the Technical Agreement and Labor Agreement.

6 - The Commission may invite individuals and governmental entities to participate in its deliberations with respect to such issues, and on such terms and conditions, as it specifies.

7 - The Comission may create subordinate bodies whenever it deems appropriate. The head of each delegation shall appoint its Party's representatives to the subgroup; these representatives need not be members of the Commission.

Article IV

Facilities on Portuguese territory

1 - Without prejudice to its full sovereignty over its territory, territorial seas, and air space, the Government of Portugal grants to the Government of the United States of America, under the terms of the Technical Agreement on Lajes, which is an integral part of this Agreement, authorization for the use and maintenance of installations necessary for the conduct of military operations as well as for the transit of military aircraft of the Government of the United States of America through the Base of Lajes.

2 - The terms and conditions of employment of Portuguese nationals by the United States forces stationed in the Autonomous Region of the Azores shall be regulated by the Labor Agreement, which is an integral part of this Agreement.

Article V

Military cooperation

1 - The Parties recognize that close military cooperation will contribute to the reinforcement of their collective and individual capabilities, to the security and integrity of their respective territories and to international peace and stability.

2 - The Commission will identify areas in which operational cooperation programs may be established for the pursuit of these objectives.

3 - The Commission will evaluate regularly the possibilities of support by the United States to the Portuguese Armed Forces, taking into account the programs of operations cooperation established in accordance with the above paragraph.

4 - The support referred to in the preceding paragraph may be realized through the transfer of military equipment, through the establishment of programs of instruction and joint training, as well as through other modalities to be defined in the framework of the Commission.

Article VI

Cooperation with the Autonomous Region of the Azores

1 - The Parties recognize that strangthening their economic and social development, in particular that of the Autonomous Region of the Azores, contributes to the fulfillment of the objectives of this Agreement.

2 - To this end, the Commission will identify areas in which cooperative programs and activities to promote such development may be established and pursued.

3 - These programs and activities may encompass technical, scientific, educational, cultural, commercial and other fields and may employ a variety of forms of interchange to promote their objectives.

Article VII

Other areas of cooperation

1 - The Commission may develop other cooperative programs to strengthen relations between the Parties. Such programs shall emphasize but not be limited to:

The modernization and strengthening of their respective industries and capabilities of research and development in the defense sector;

The strengthening of their scientific and technological capabilities through research in areas of mutual interest, as well as the diversification and expansion of relations between their scientific and technical communities; and

The strengthening of their bilateral economic and commercial relations.

2 - Any programs of cooperatin developed by the Commission shall take into account other relevant programs.

Article VIII

Interpretation

Any questions concerning the execution and interpretation of the present Agreement may be referred to the Commission by either Party. The Commission will review and attempt to resolve such questions in a spirit of coopeeration and good faith.

Article IX

Amendment

Either Party may request amendment of this Agreement. Any amendment agreed by the Parties shall enter into force upon notification by each Party of the conclusion of its required constitucional procedures.

Article X

Entry into force and term of validity

1 - This Agreement shall enter into force upon notification by each Party of the conclusion of its required constitutional procedures and shall remain in force for five years, after which it will continue in force for successive periods of one year, unless one Party notifies the other in writing twelfe months before the date on which the Agreement is to expire of its intention to terminate it.

2 - The Goverment of the United States of America will have twelve months after the termination of this Agreement to withdraw its personnel, equipment, and material that are present on Portuguese territory by virtue of this Agreement. The terms and conditions of this Agreement will apply during the period of withdrawal.

Article XI

Revocation

Upon its entry into force, this Agreement shall supersede:

The Defense Agreement of September 6, 1951, between the United States and Portugal regarding the use of facilities in the Azores, as amended and extended by the exchange of notes of December 13, 1983;

The Agreement of December 13, 1983, between the United States and Portugal relating to economic and military assistance;

The Technical Agreement of May 18, 1984, in implementation of the Mutual Defense Agreement between the United States and Portugal of September 6, 1951; and

The Agreement of October 9 and 16, 1984, between the United States Department of Defense and the Portuguese Ministry of Defense, relating to the employment of Portuguese nationals by the United States Forces, Azores.

In witness whereof the undersigned, being duly authorized by their respective governments, have signed this Agreement.

Done at Lisbon on this first day of June, 1995, in duplicat, in the Portuguese and English languages, each being equally authentic.

For Portugal:

José Manuel Durão Barroso, Minister of Foreign Affairs.

For the United States of America:

Warren Christopher, Secretary of State.

LABOR AGREEMENT

Preamble

Pursuant to the Agreement on Cooperation and Defense, namely its article iv, paragraph 2; and

Recognizing that employment relations should be developed in a sound atmospher between employer and employee;

Determined to promote and maintain employment conditions that guarantee security and equal treatment to all employees;

Portugal and the United States of America, hereinafter referred to as the Parties:

have agreed to the following:

Article 1

Scope

1 - This Labor Agreement and the Work Regulation derived therefrom govern employment relations between the United States Forces Azores, hereinafter referred to as USFORAZORES, and its Portuguese employees.

2 - The Work Regulation has the same force and effect as the Labor Agreement and specifies the implementation of the principles enshrined herein and will be approved and modified according to the appropriate procedures of each party.

3 - USFORAZORES may issue internal regulations concerning management and the fulfillment of labor tasks, which will be submitted to the Commander, Air Base Number 4 for review and comment prior to issuance.

Article 2

Functional relations

1 - In administering the provisions of this Agreement and the Work Regulation, and in order to contribute to the development of a solid labor relationship, the following levels of intervention will be applicable:

2 - Both Parties, at each level, shall utilize all the possibilities of these functional relations in the most effective way so that the maximum number of issues can be resolved at the lowest possible level.

Article 3

Professional classification system

1 - Employees are classified in accordance with the official United States Classification System.

2 - An employee's rigtht to appeal the title, series, grade, or pay plan of his/her assigned position is vested solely within this system.

Article 4

Pay rates

1 - USFORAZORES will annually review pay rates based on a survey of prevailing rates on Terceira Island according to procedures contained in the Work Regulation.

2 - In the event the wage survey produces a reduction in the wage schedules, the existing schedule will continue.

Article 5

Labor positions

USFORAZORES will not place United States citizens either in full or part-time employment in positions held in the past by Portuguese national employees solely to avoid the recruitment or placement of the latter, unless no qualified Portuguese candidates are referred.

Article 6

Work contract

1 - Portuguese employees are bound to USFORAZORES by a work contract which is manifested by a position description and other documents.

2 - The contract identifies the pay plan, occupational series, and grade of the employee's current position as well as the major duties and responsabilities of the job which are listed in the position description.

3 - The terms of the work contract may be changed in accordance with appropriate procedures as described in the Work Regulation.

Article 7

Recruitment

1 - The commander, Air Base Number 4, through the Civilian Personnnel Recrutment Section, (SRPC), is responsible for referral of USFORAZORES Portuguese national employees.

2 - Such referral shall be exercised upon request by USFORAZORES in accordance with the procedures outlined in the Work Regulation.

Article 8

Rights and responsibilities of the employees

As recognized by this Agreement and the Work Regulation:

1 - The employees have the following rights:

2 - The employees have the following responsibilities:

3 - Special provisions for female employees will be prescribed in the Work Regulation.

Article 9

Rights and responsibilities of the employer

As recognized by this Agreement and the Work Regulation:

1 - The employer has the following rights:

2 - The employer has the following responsibilities:

3 - Notwithstanding the previous paragraph, USFORAZORES may take the necessary actions to carry out its mission during emergencies.

Article 10

Committee of Employee Representatives

1 - The employees, whenever they deem appropriate, may be represented by the Committee of Employee Representatives, hereinanfter referred to as CRT.

2 - The composition, rights and responsibilities, and the procedural and electoral rules of the CRT are stipulated in the Work Regulation.

Article 11

Work schedule

The regular work period for full-time employees shall be eight hours per day, forty hours per week, unless a different period is prescribed in the Work Regulation.

Article 12

Social security contributions

USFORAZORES and its employees will submit contributions to social security as set forth in Portuguese law.

Article 13

Termination of work contract

1 - Work contracts may be terminated only for appropriate reasons and employees may not be separated for political or ideological reasons.

2 - Termination of work contract may occur due to:

3 - Termination of work contract with indemnity may occur due to:

4 - The indemnity payable to employees who have their employment terminated under the terms specified in paragraph 3 is computed as one month's pay, including English language bonus, for each full year of creditable service at the rate received immediately before separation. In no case shall an eligible employee receive less than three months' pay.

Article 14

Labor Committee

1 - A Labor Committee is established to ensure proper implementation of this labor Agreement and the work Regulation and to serve as a channel for continuing consultation between the two Parties.

2 - This Committee will:

3 - The Labor Committee shall be composed of not more than three representatives appointed by each Party including a labor relations specialist on each side.

4 - The Committee shall determine its own procedures and all decisions will be made by consensus.

Article 15

Disput resolution

1 - In addition to administering the provisions of this Agreement and the Work Regulation, the multi-level intervention process specified in article 2 shall also be used for the resolutions of disputes involving employee complaints.

2 - The implementation of this mechanism must be done in a way which recognizes the sovereignty, constitutional and legal structures of each Party, and the rights of their citizens.

3 - In the event that all measures available in the three-level bilateral process are exhausted without reaching a resolution of a particular labor-management dispute, and should such a matter be further contested by a Portuguese employee resulting in a judgment in a court of law, without the intent to provide for a review of the court's decision, both the United States and Portugal recognize that this situation would create an issue for resolution between them as sovereign states within the framework of the Standing Bilateral Commission.

Article 16

Processing complaints

1 - Employees have the right to submit an oral or a written complaint to their superiors in accordance with the Work Regulation.

2 - If the complaint proceeds upwards and is not resolved at the first level described in article 2, the employee may appeal, directly or through the CRT, to the Labor Committee and, if still unresolved, subsequently to the Standing Bilateral Comission.

Article 17

Competent court

1 - The Court of the Judicial District of Angra do Heroísmo is the competent court to judge eventual proceedings resulting from work contracts.

2 - In all such law suits against the employer, the named defendant will be the United States of America.

3 - Service of process will be in conformity with the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil of Commercial Matters of Novembre 15, 1965.

Article 18

Entry into force

This Labor Agreement will enter into, and remain in force, under the terms of article X of the Agreement on Cooperation and Defense.

In witness whereof the undersigned, being duly authorized by their respective governments, have signed this Agreement.

Done at Lisbon on this first day of June, 1995, in duplicate, in the Portuguese and English languages, each being equally authentic.

For Portugal:

José Manuel Durão Barroso, Minister of Foreign Affairs.

For the United States of America:

Warren Chistopher, Secretary of State.

TECHNICAL AGREEMENT

Article I

Facilities on Portuguese territory

1 - Without prejudice to its absolute sovereignty and control over its territory, territorial waters and air space, Portugal grants to the United States of America the auhorization for:

2 - The transits described in the preceding clause will be the object of previous notification to the competent Portuguese authorities.

3 - Portugal will consider favorably any requests for the utilization of the Air Base Number 4, Lajes, for the undertaking of military operations flowing from decisions taken within the ambit of other international organizations of which both Parties are members, as long as such decisions have been supported by Portugal.

4 - Any utilization by the United States of America of the facilities referred in paragraph 1 that does not derive from, or is not included in, the situations foresseen in the preceding paragraphs of the present article, will be the object of prior authorization.

5 - The United Styates of America is also authorized to prepare and maintain, in collaboration with the Portuguese authorities, the facilities described in annex A.

6 - Portugal authorizes, in accordance with the regulations of annex B, the transitory stationing, at Air Base Number 4, Lajes, and its support facilities, of military and civilian personnel of the United States of America needed for the preparation, maintenance, utilization and support of the facilities, and for the execution and support of the activities referred to in the preceding paragraphs.

7 - For the execution of this Agreement, United States personnel and vessels, vehicles and aircraft operated by or for the Government of the United States, shall have free access to, and shall have the right to move freely between such facilities, including movement within the internal waters, territorial seas and overlying airspace of the Azores. Sea movements will respect international law and practice. Land movement will be in accordance with national and international regulations. Land and maritime connections shall be made by the most direct, practicable route that can be used. The conditions for overflight are established in annex C.

8 - The United States of America may store and maintain conventional munitions and explosives in facilities specifically indicated for this purpose. In this regard, safety criteria shall be at least as strict as those of the Portuguese Armed Forces. The Commander, United States Forces in the Azores (hereinafter referred to as United States Forces), shall keep the Commander of Air Base Number 4, Lajes, informed regarding the type and quantity of munitions and explosives stored.

Article II

Symbols of sovereignty

1 - The United States Forces are authorized, as a cour-tesy, to fly the flag of the United States of America and the flag of Portugal side by side in front of its headquarters building.

2 - Any military honors that may take place in the open shall be rendered by the Portuguese Armed Forces. However, they may be rendered jointly or, in special cases, by the United States Forces when both Commanders consider it suitable

Article III

Command and funcional relations

1 - Air Base Number 4, Lajes, and its support facilities shall be under the Command of the Portuguese Armed Forces, which will be exercised by the Commander of Air Base Number 4, Lajes, or by a specifically designated subordinate.

2 - Notwithstanding the provisions of paragraph 1 of this article, the United States Forces shall be under the command of the Commander of the United States Forces, who shall also exercise command and control over United States equipment and material, and over the exclusive use facilities of the United States as defined in article 1 of annex A.

3 - The United States will not designate as Commander of the United States Forces an officer with a military rank superior to the Commander of Air Base Number 4, Lajes. If both Commanders are of the same rank, the Commander of Air Base Number 4, Lajes, shall be considered senior.

4 - The Commander of Air Base Number 4, Lajes, and the Commander of the United States Forces shall resolve in a spirit of mutual trust and cooperation any problems resulting from the application of the provisions contained in this Complementary Agreement. Any differences that cannot be resolved by the Commanders shall be submitted through appropriate channels for a decision by higher authorities.

5 - The Commander of Air Base Number 4, Lajes, or deputies designated by him shall have access to all Granted Facilities except for cryptographic areas and classified information and equipment. Conditions for access to areas where classified information and equipment is located shall be established by agreement between the two Commanders. The Commander of the United States Forces shall keep the Commander of Air Base Number 4, Lajes, informed of the location of such areas and classified information and equipment.

6 - The two Commanders shall collaborate in preparing plans and conducting combined-exercises in order that both Forces may be ready to effectively carry out their missions. In the same spirit of cooperation, the two Commanders shall encourage the exchange between their Commands of information of mutual interest.

7 - The airfield and the air traffic control facilities shall be operated jointly as specified in annex D.

8 - The Commander of Air Base Number 4, Lajes, is responsible for the defense and security of Air Base Number 4, Lajes, and its supporting facilities, as well as the maintenance of law and order thereon as specified in annex E.

9 - The support facility in the port of Praia da Vitória shall be utilized as specified in annex F.

10 - The Mobile Maritime Communications Service will be carried out as specified in annex G.

11 - Relations between the Command of the United States Forces and Portuguese authorities will be established through Air Base Number 4, Lajes, except as provided for in annex H. The Commanders may, in addition, establish procedures for dealing with specific types of local issues.

Article IV

Status of Forces

1 - The Status of the United States Forces as well as that of members of those Forces, members of the civilian component, and their dependents, shall be governed by this Agreement and its annexes, specifically H, I and J and, as a special arrangement, by the provisions of the Agreement between the Parties to the North Atlantic Treaty regarding the Status of their Forces of June 19, 1951 (hereinafter referred to as the NATO SOFA).

2 - These Forces, their members, members of the civilian component, and their dependents shall respect Portuguese law and refrain from any activity contrary to the spirit of the provisions described in this Agreement. It is the duty of the United States to take necessary measures to that end.

Article V

Responsibility for construction and maintenance and for related costs

1 - The United States Government will be responsible for constructing, equipping and maintaining United States exclusive use facilities.

2 - The Portuguese Government and the United States Government ate individually or jointly responsible for constructing, equipping and maintaining joint use facilities.

3 - The United States Government is responsible for constructing, equipping and maintaining devices, fences or other passive means necessary for the protection of the facilities referred to in paragraphs 1 and 2.

4 - The Portuguese Government is responsible for the lease, expropriation or acquisition of land for use pursuant to this Agreement.

5 - The Portuguese Government is responsible for the construction of dwellings for Portuguese families dislocated by virtue of construction of granted facilities. The relocation of persons, property and military installations will be a Portuguese Government responsibility.

6 - Costs will be allocated as follows:

7 - The new constructions and major repairs - the building or altering of electric distribution networks, public signs and water sewage systems, the volume of existing structures, facades or interior loadbearing walls, and structural elements - require previous authorization from the Minister of National Defense of Portugal or from the entity on whom he delegates that competence.

8 - The United States Forces is authorized to equip and maintain its exclusive use facilities and devices, fences, and other means necessary for protection of these facilities, provided the general appearance or purpose of the facility is not altered.

9 - Other works, including those necessary for maintenance, not referred in the previous paragraphs and those considered minor repairs, shall require the previous case by case or generic authorization of the Commander of Air Base Number 4, Lajes, if they must be done in the Joint Use Facilities. The Commander of Air Base Number 4, Lajes, shall respond within 90 days.

10 - The procedures of construction, maintenance or equipping to be undertaken under the terms of the previous paragraphs 7 and 8 shall begin with a job proposal. The job proposal shall always include in an annex a proposed cost sharing agreement of it is for joint use and the proposed method of contractor selection and performance. Proposed selections and performance procedures for contractors will be defined in the terms and conditions of the contract solicitation when released by the Contracting Office.

11 - The job proposal referred to in paragraph 7 will be submitted to the Technical Commission with a copy forwarded to the Commander of Air Base Number 4, Lajes, on which he will give his opinion.

12 - The Technical Commission will prepare a recommendation about the job proposal and the opinion referred to in the preceding paragraph to be submitted to the Portuguese Minister of National Defense who will make a final determination within 60 days.

13 - Before beginning work, the Commander of the United States Forces must submit to the Technical Commission, for ratification the job plans regarding all approved job proposals.

14 - The Technical Commission will monitor, through the review of information or worksite inspection, the execution of the job plan to ensure its conformity with the proposal which has been approved by the Minister of National Defense, and may designate subcontractors or technical experts providing them the necessary credentials. If the representatives of the Minister of National Defense to the Technical Commission determine that performance significantly deviates from an approved plan, they shall forward a recommendation concerning workstopage or otherwise to the Minister for decision.

15 - The United States may use its own personnel or contractors acting on behalf of the United States Forces and selected in accordance with United States contracting procedures and legal requirements, in the construction, improvement, maintenance or operation of the granted facilities. In selecting such contractors, the United States will utilize Portuguese contractors to the maximum extent feasible.

16 - The Government of the United States shall encourage its contractors to fulfill their manpower requirements with Portuguese nationals to the maximum extent feasible.

17 - The Government of the United States shall require that contractors and subcontractors of the United States Forces have a policy of insurance, valid in Portugal and obtained from an insurance company with representation in Portugal, to cover injuries to persons and damage to property that may occur in Portuguese territory as a result of acts or omissions done in the performance of duty by their employees.

Article VI

Property rights

1 - All buildings, structures and assemblies connected to the soil, including their respective electrical and telephone networks, piping of any nature and sanitary and heating facilities are, upon the completion of construction, the property of Portugal, although they may be used fully by the United States Forces while this Agreement is in force and in accord with its terms. Upon termination of the terms of this Agreement, this property will be left in place in usable condition, provided the United States will incur no expense therein. No compensation will be owed by the Government of Portugal.

2 - The United States may, at any time, remove any moveable material belonging to it, including equipment, machinery, supplies and temporary structures. However, with the exception of classified material, and of equipment required elsewhere by the United States Government, equipment essencial to the operation of Air Base Number 4, Lajes, will not be removed without the Portuguese Government being given an opportunity to purchase it. The conditions of acquisition will be agreed upon by the two Parties in the spirit of friendship and mutual assistance which forms the basis of this Agreement and in conformity with the Agreement on Cooperation and Defense.

3 - In recognition of the importance of the continued functioning of Air Base Number 4, Lajes, the United Sates will not remove, upon termination of this Agreement, any equipment essential to the operation of the airfield without first consulting with the Portuguese Government and giving it the opportunity of receiving such equipment either by sale, grant, or other favorable basis, in accordance with United States law. The determination of the manner in which equipment may be provided shall be made by the United States Government in the spirit of friendship and mutual assistance which forms the basis of this Agreement.

4 - The Portuguese Ministry of Defense and the Department of the Defense of the United States shall study the possibility of assuring the continuing operation of any highly specialized assemblies and equipment remaining in the possession of the Portuguese Air Force after the termination of this Agreement.

5 - No rent shall be due for the use of the granted facilities.

Article VII

Implementing arrangements

The Commander of Air Base Number 4, Lajes, and the Command of the United States Forces will establish between themselves, within the spirit of cooperation expressed in this Agreement, any additional arrangements or internal regulations necessary for the execution of this Agreement and its annexes. Such provisions and regulations shall be consistent with the terms of the Agreement and shall be in writing.

Article VIII

Procurement on the local market

1 - When procuring goods or services, the United States agrees in accordance with its laws and regulations to use Portuguese sources whenever feasible, provided those goods or services meet United States specifications and standards, are available at the desired locale within the time limits specified, and are equal to or lower in cost than those from other sources, taking into consideration the results of the determined costs to transport these goods and services from other sources. Due to the anticipated effects of the preceding item, the United States agrees to supply by each October of every year, a list of goods and services estimated to be acquired, stipulated criteria and specifications, determined quantities, times of delivery and individual market prices of other sources, including their price ranges as well as other essential acquisition information.

2 - Upon request of the United States Forces, the Secretaria Regional de Economia of the Regional Government of the Azores will furnish administrative support in the preparation and execution of procurements in Portugal.

Article IX

Technical Commission

1 - In order to facilitate implementation of this Agreement, a Technical Commission shall be established under procedures to be agreed.

2 - The Technical Commission will be composed of representatives of the Portuguese Ministry of Defense and the Department of Defense of the United States, will have a coordinator named by each of the Parties, and may have added to it other individuals, whenever the work so justifies, to be designated by the coordinator.

3 - The Technical Commission will meet twice a year or whenever one of the Parties so requests.

4 - The proceedings of the meetings of the Technical Commission will be reported to each Government or to the Standing Bilateral Commission, as the coordinators deem appropriate.

5 - Within three months following signature of this Agreement, the Parties shall establish procedures regarding the composition and functioning of the Technical Commission.

Article X

Withdrawal

The United States will have twelve months after the termination of this Agreement to withdraw its personnel, equipment, and materials that are present on the granted facilities by virtue of this Agreement. The terms and conditions of this Agreement will apply during the period of withdrawal.

Article XI

Authentic texts and entry into force

This Agreement and its included annexes A through J will enter into, and remain in force, under the terms of article X of the Treaty of Defense and Cooperation.

In witnesse whereof, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.

Done in Lisbon, this first day of June 1995, in duplicate in the Portuguese and English languages, both texts being equally authentic.

For the Government of the Portuguese Republic:

José Manuel Durão Barroso, Minister of Foreign Affairs.

For the Government of the United States of America:

Warren Christopher, Secretary of State.

ANNEX A

Facilities

Article I

Definitions

1 - Facilities provided in this Agreement are:

2 - Regarding their utilization, those facilities referred to in the preceding paragraph will be defined as:

3 - Those facilities meant to be used by the United States Forces are designated as granted facilities.

Article II

Register of facilities

1 - Upon signature of this Agreement, a detailed register and map with all the granted facilities, within and outside Air Base Number 4, Lajes, including all the necessary elements for their accurate description and location, has been approved.

2 - It is the responsibility of the Commanders of both Forces to prepare and permanently maintain the register and the map referred to in paragraph 1.

Article III

Acess to granted facilities

1 - Access to granted facilities located outside the limits of Air Base Number 4, Lajes, by United States Forces for support activities at such granted facilities will require written authorization from the owners or the tenants, whichever applies, of the property through which such access must take place. The United States Forces may, however, access the granted facilities when it is essential to collective defense or internal security and there is no time to obtain the required authorization. In these cases, the owners will be informed as soon as possible.

2 - To effect the authorization referred to in the preceding paragraph, the Commander of the United States Forces will communicate, on a case-by-case basis, to the Commander of Air Base Number 4, Lajes, his intention to have access to some granted installation. The notification referred to should take place thirty days in advance, or as soon as possible, if for unforeseen circumstances the thirty day period cannot be observed. It is incumbent upon the Commander of Air Base Number 4, Lajes, to make his best efforts to obtain the required authorization.

3 - The notification provided in paragraph 2 must consist of the following elements:

4 - The Government of Portugal will make its best effort to obtain long term or annual easements from the owners and the tenants of the property surrounding the granted facilities so that the United States Forces have access to those facilities, at any time and without the necessity of obtaining case-by-case approval.

Article IV

Allocation of costs

1 - Costs for obtaining the access rights described in paragraph 4 of the preceding article will be entirely borne by the Government of Portugal.

2 - The Forces of the United States are responsible for all damages caused by acts or omissions by its members or agents related to the access to the parcels of land occupied by radio communications facilities and accessories, including those at Cinco Picos and Vila Nova.

Article V

The Government of Portugal will ensure that the areas surrounding the granted facilities will be protected by Portuguese law (servidão militar).

ANNEX B

United States personnel in the Azores

Article I

Categories of personnel

In accordance with the provisions of article I of this Agreement, the United States may assign to the granted facilities the following categories of personnel:

Stationed personnel, consisting of members of the Forces and the civilian component in the Azores for the preparation, maintenance, use and support of the facilities and the services intrinsic to them;

Rotational personnel, consisting of members of the Force and the civilian component in the Azores for rotational training and temporary support of the missions referred to in article I of this Agreement.

Article II

Tour of duty

1 - Stationed personnel may, in principle, stay in the Azores for a period of three years.

2 - In peace time, rotational personnel may, as a rule, be assigned to the Azores for a maximum period of 179 days.

3 - The Commander of Air Base Number 4, Lajes, may authorize, at the request of the American authorities, the extension of any assignment. These extensions, which will always be considered exceptions, will have to be requested a minimum of three months in advance and based upon specific needs.

4 - The Commander of Air Base Number 4, Lajes, may request the departure from Air Base Number 4, Lajes, and its support facilities of a member of the Force or of the civilian component or of a dependent. Should the American authorities appeal this decision to higher authorities of the Commander of Air Base Number 4, Lajes, if the Portuguese decision is unfavorable, the American authorities are responsible for implementing the departure request within thirty days. Portuguese authorities shall assist American authorities as necessary in implementing a departure request, which shall be accomplished in an expeditious and timely manner.

Article III

Authorized strength

1 - The maximum number of stationed and rotational personnel which may be assigned to the granted facilities in peace time is 6500 of personnel consisting of stationed personnel (3000) and rotational personnel (3500). The number of stationed personnel and rotational personnel may vary up to 25 percent.

2 - The Command of the United States Forces will inform the Command of Air Base Number 4, Lajes, quarterly of the identity of stationed personnel and monthly of the total number of all personnel described in the preceding paragraph, by category, as well as dependents. This information will include the number of non-Portuguese personnel employed by contractors.

3 - The Portuguese Minister of National Defense will consider, in the spirit of friendship and mutual assistance which forms the basis of this Agreement, any requests by the United States authorities for temporary increases in the number of personnel beyond those referred to in paragraph 1.

ANNEX C

Flight operations

Article I

Entering and exiting Air Base Number 4, Lajes

1 - Aircraft authorized to use Air Base Number 4, Lajes, under the terms of paragraphs 1, b), 3 and 4 of article I of the Agreement may enter and leave that base subject to filing a flight plan through the appropriate air traffic control services and shall use entry and exit procedures published by the Portuguese Air Traffic Control Service.

2 - Aircraft operationally assigned to Air Base Number 4, Lajes, on a permanent or temporary status under this Agreement may proceed to, and depart from, that airfield on the basis of general air traffic or operational flight plans, as appropriate.

Article II

Santa Maria Airport

1 - The Santa Maria Airport is the primary alternate for Air Base Number 4, Lajes.

2 - The United States aircraft operationally assigned to Air Base Number 4, Lajes, may from time to time make approaches and landings, to include touch and go or full stop and taxi back, at the Santa Maria Airport in order to keep their crews acquainted with local flying conditions, subject to filing a flight plan to be approved by the appropriate air traffic control service.

3 - Landings at Santa Maria Airport for purposes other than those specified in paragraph 1 will require prior authorization by Air Base Number 4, Lajes, which will take appropriate action.

Article III

Ponta Delgada Airport

The United States aircraft operationally assigned to Air Base Number 4, Lajes, may, occasionally, land at Ponta Delgada Airport for the purpose of training, transport of mail, logistical and personnel support for the United States activities, including United States vessels using São Miguel port, subject to prior coordination with Air Base Number 4, Lajes, and filing a flight plan approved by the appropriate air traffic control service.

Article IV

Faial, São Jorge and Graciosa Airports

The United States aircraft operationally assigned to Air Base Number 4, Lajes, may, occasionally, make approaches and landings, to include touch and go and full stop and taxi back at the airports of Faial, São Jorge and Graciosa, in order to keep their crews acquainted with local flying conditions, subject do prior authorization from Air Base Number 4, Lajes, and filing a flight plan approved by the appropriate air traffic control service.

Article V

Coordination of operational activity

The Commander of United States Forces will provide the Commander of Air Base Number 4, Lajes, with the necessary information for the purpose of general coordination of operational flight activity and for the purpose of ensuring that the Commander of Air Base Number 4, Lajes, is aware of the nature of the missions being carried out.

Article VI

Search and rescue

1 - The Rescue Coordination Center (RCC) at Air Base Number 4, Lajes, is responsible for search and rescue operations in the Santa Maria Flight Information Region.

2 - The United States Forces, when so requested, will cooperate in and, to the maximum extent feasible, provide assistance in search and rescue operations.

Article VII

Flight safety

1 - The Commander of Air Base Number 4, Lajes, is responsible for safe ground and flight operations at Air Base Number 4, Lajes, and in airport and approach control areas. Air Base Number 4, Lajes, and the United States Forces are jointly responsible for flight safety.

2 - Should an accident or incident in the area of flight safety occur on Portuguese territory involving U. S. aircraft or military personnel, the investigation will be carried out in accord with the provisions of NATO STANAG N. 3531 regarding investigation of aircraft/missile accidents/incidents.

3 - In the event of an accident involving a United States aircraft, perimeter security of the damaged aircraft will be the responsibility of the Portuguese authorities, who will guarentee access to the accident scene by United States personnel.

However, United States Forces, if first on the scene of the accident, may establish temporary perimeter security pending arrival of Portuguese Forces. Removal of the aircraft in question will be the responsibility of the United States.

Article VIII

Conditions of transit

The transit of the United States military aircraft through Air Base Number 4, Lajes, and Azorean air space, under the terms of paragraph 1, b), of article 1 of this Agreement, will take place following prior notification to the Portuguese Government, with a minimum period of advance notice of seventy two hours, or in case of an urgency, with as much prior notification as possible.

ANNEX D

Air Traffic and Air Base Services

Article I

Air traffic services

1 - Portuguese authorities are responsible for providing air traffic services in Santa Maria Flight Information Region (FIR/UIR).

2 - Air Base Number 4, Lajes, has overall authority for air traffic control services at Air Base Number 4, Lajes, and is responsible for coordination with the Santa Maria Traffic Control Center. Facilities for air traffic control will be operated jointly by Portuguese and United States Forces.

Article II

Airfield services

The two Commands will jointly operate movement and dispatch, meteorological and ramp services. When this is not possible or advisable, Portuguese and United States Forces will provide such service for their own aircraft. When such jointly operated services are not available, Portuguese authorities will provide such services to all civilian aircraft, except when such aircraft are operated by, or for, United States Forces, and to military aircraft of third countries, except as otherwise agreed.

Article III

Support equipment

1 - The United States Forces shall be responsible for the operation of the Air Base Number 4, Lajes, radio aids for navigation, approach, landing and departure, installed or to be installed, primarily for the use of United States aircraft.

2 - Any change or replacement of these systems, if it reduces its capability or interoperability, shall be done only with the mutual agreement of the two Commanders.

ANNEX E

Defense, security and law enforcement

Article I

General principles

1 - The Commander of Air Base Number 4, Lajes, is responsible for the preparation and the execution of the plans and directives for the immediate defense and internal security and maintenance of order on Air Base Number 4, Lajes, and its support facilities, including measures against espionage, sabotage and subversion.

2 - Without prejudice to the provisions of the preceding paragraph, the Commander of the United States Forces is responsible for the execution of the plans and directives for internal security and maintenance of order in the exclusive use facilities of the United States Forces.

3 - The Commander of Air Base Number 4, Lajes, in accordance with its responsibilities as defined in paragraph 1, recognizes the responsibility of the Commander of the United States Forces to safeguard United States property, and may delegate to the Commander of the United States Forces the execution of plans and security directives for ships, aircraft, equipment and other material of the United States in the joint use facilities, and he may at any time arrogate those powers.

4 - The Commander of the United States Forces will inform, periodically or upon request, the Commander of Air Base Number 4, Lajes, of those actions taking place within the scope of paragraphs 2 and 3.

5 - With a view to satisfying the responsibilities referred to in this annex, or in order to meet unforeseen situations, either of the Commanders may request the assistance of the other Commander.

Article II

Preparation of plans

1 - The Commander of Air Base Number 4, Lajes, shall be responsible for formulation and implementation of plans for the immediate defense, security, and maintenance of order at Air Base Number 4, Lajes, and its supporting facilities.

2 - The Commander of the United States Forces shall make appropriate plans for the internal security and maintenance of order in the exclusive use facilities and shall submit them for approval to the Commander of Air Base Number 4, Lajes, for incorporation into the plans for the internal security and maintenance of order at Air Base Number 4, Lajes, and its support facilities.

3 - The Commander of the United States Forces shall make recommendations to the Commander of Air Base Number 4, Lajes, with a view to the preparation of the plans for the internal security and maintenance of order in the joint use facilities.

4 - The two Commanders will consult as necessary to ensure that both are kept fully informed as to special defense and security situations, and will take appropriate measures, in conformity with Air Base Number 4, Lajes, defense security plans, to meet such situations.

5 - The two Commanders will annually evaluate the system of internal security and maintenance of order at Air Base Number 4, Lajes, and its support facilities so as to ensure that the measures in force are adequate. The results of this review, as well as any eventual alteration proposals, may be submitted through appropriate military channels to higher authorities.

Article III

Defense and Security Coordination Center

1 - Implementation of the plans and directives for internal defense, internal security and maintenance of order referred to in this annex will be conducted by the Commander of Air Base Number 4, Lajes, through a Defense and Security Coordination Center, manned by personnel from both forces and headed by an officer from Air Base Number 4, Lajes.

2 - The Defense and Security Coordination Center will operate under a concept of operations drafted and mutually agreed by both Commanders within 180 days after this Agreement goes into effect.

Article IV

Military police patrols

1 - Military police patrols staffed by United States and Portuguese military personnel will patrol Air Base Number 4, Lajes, and its support facilities. The patrols, directly subject to the Defense and Security Coordination Center, will operate in accordance with a mutually agreed concept of operations and will utilize bilingually marked security vehicles.

2 - Should any difference arise in a situation requiring immediate action by members of a joint patrol, the matter will be immediately referred to the Officer heading the Defense and Security Coordination Center or his designated representative. Pending resolution of the matter, no United States Forces member shall take any action against a Portuguese or third country national, and no Portuguese member shall take any action against a United States national. Necessary action may be taken, however, in flagrante delicto cases.

3 - The patrols referred to in the preceding paragraph may respond to incidents involving United States personnel or United States property outside Air Base Number 4, Lajes, and its support facilities, when requested by local authorities and if directed by the Defense and Security Coordination Center.

Article V

Use and transport of weapons

1 - The Commander of the United States Forces will develop a plan in consultation with the Commander of Air Base Number 4, Lajes, of the type and quantity of weapons and the patrols and missions in which the weapons will be utilized. The carrying of weapons by United States Forces personnel on and between Air Base Number 4, Lajes, and its support facilities will be in the performance of their duties and in conformity with this plan. This plan must always have the approval of the Commander of Air Base Number 4, Lajes.

2 - United States Forces personnel are permitted to transport weapons between Air Base Number 4, Lajes, and its support facilities only in accordance with the plan developed in the preceding paragraph.

3 - The carrying of weapons outside of the instances specified in the preceding paragraphs will always require prior authorization, on case-by-case basis, by the Commander of Air Base Number 4, Lajes.

4 - The transport of arms between the Air Base and its support facilities will always be undertaken in enclosed vehicles.

Article VI

Communications

Both Commands shall ensure that the communications equipment of their military police forces is interoperable, and will be operated in accordance with joint procedures.

Article VII

Control of entry, exit and circulation

1 - The Commander of Air Base Number 4, Lajes, shall be responsible for the regulation and control of entry and exit of personnel and vehicles into and out of Air Base Number 4, Lajes, and its support facilities in accordance with plans developed and coordinated by both Commands.

2 - The United States Forces shall provide qualified personnel necessary to facilitate the identification of United States personnel and vehicles and to conduct or assist in searches of those personnel and vehicles, when required.

3 - The issuance of passes for access to and circulation on Lajes Air Base Number 4, Lajes, and its support facilities is the responsability of the Commander of Air Base Number 4, Lajes, following mutually agreed procedures.

4 - The search of Portuguese citizens or third country nationals and parcels, packages and other items being carried by Portuguese citizens or third country nationals into or out of the exclusive use facilities of the United States will only be conducted by Portuguese authorities. The Commander of Air Base Number 4, Lajes, shall provide qualified personnel necessary to facilitate the identification of Portuguese and third country nationals and to conduct any search of such personnel and property.

Article VIII

Preparation of personnel

1 - Training and specified instruction for personnel, particularly conducting communications, mine and booby-traps, narcotics control and sabotage, are the responsability of each Force. In this regard, the two Commanders will cooperate to the extent feasible.

2 - The two Commands will keep each other informed regarding their plans for training and instruction.

3 - Instruction and training that should occur outside Air Base Number 4, Lajes, or its support facilities will require the prior authorization of the Commander of Air Base Number 4, Lajes.

Article IX

Damage Control Center

A Joint Damage Control Center will be established to menage damage control activities under procedures to be agreed by the two Commanders.

ANNEX F

Port facility in Praia da Vitória

Article I

Definitions

1 - The port facility granted in Praia da Vitória is described in the register referred to in article ii of annex A of this Agreement and will be hereafter referred to as «military port».

2 - The military port is a joint-use facility, used for the movement of cargo for United States Forces and for Portuguese Armed Forces.

3 - Provided that priority is given to the movement of the cargo referred to in paragraph 2, this facility can be used by other ships and vessels.

Article II

Military port operations

1 - The Portuguese authorities are responsible for port operations, with the cooperation of the United States Forces, as may be necessary and mutually agreed.

2 - Vessels operated by or for United States Forces, when used for the purpose of this Agreement, are exempt from port taxes as well as customs and port clearance fees and shall pay only the charges provided in annex I.

3 - Except for vessels referred to in paragraph 2, vessels which use the military port to deliver or pick up cargo for United States Forces will be subject to charges which shall be mutually agreed.

4 - The port clearance of the vessels referred to in paragraph 2 and 3 as well as the customs clearance of their cargo are assured by the Portuguese authorities.

5 - Pilot services and measures relating to the safety of navigation within the military port and its approaches are the responsability of the Portuguese authorities, with the cooperation of the United States Forces, as may be necessary and mutually agreed.

6 - In the military port and its approaches, Portuguese laws, particularly those which refer to maritime safety and pollution, shall be respected.

7 - The Portuguese authorities and the United States Forces will keep each other informed, with at least 48 hours notice, of the arrival of vessels to the military port.

8 - The services provided by United States Forces to vessels not transporting cargo for those Forces and port services provided by the Portuguese authorities to United States Forces will be mutually agreed. Use of military port by the vessels referred to in paragraph 3 of article I of this annex shall be in accordance with mutually agreed procedures.

Article III

Port equipment

1 - Floating equipment belonging to the United States Forces which is necessary to the operation of the military port may be stationed at the dock for small vessels.

2 - The United States Forces will not increase the quantity or significantly change the dimensions of floating equipment without prior agreement of the Portuguese authorities.

Article IV

Responsibility for construction, maintenance and related costs

The construction, maintenance, repair and alteration of the buildings or facilities in the military port will be carried out in keeping with article V of this Agreement.

Article V

Security

The provisions with respect to security of this facility, to be carried out according to the terms of annex E, will also take into account its special characteristics.

ANNEX G

Mobile maritime communications service in the Azores

Article I

Responsibility

The execution of all the means of mobile maritime communications services in the Azores, including those of military nature, is the responsibility of the Portuguese authorities.

Article II

Delegations

Whenever agreed between the Portuguese authorities and the United States Forces, the United States Forces may carry out, in whole or in part, mobile maritime communications services related to the use of granted facilities. This function is carried out without prejudice to the operational control in the Azores and will terminate upon reasonable notice, when it may be judged convenient by either of the Parties.

Article III

Applicable regulations

In executing the mobile maritime communications services under the term of article ii, United States Forces shall observe Portuguese and international rules and regulations.

Article IV

Characteristics

The Command of the United States Forces shall submit for the approval of the Portuguese authorities the basic characteristics of the mobile maritime communication services executed in accordance with article ii. Once approved, these characteristics cannot be altered without authorization from the Portuguese authorities.

ANNEX H

Status of personnel

Article I

Definitions

1 - For purposes of this Agreement, the term «civilian component» defined in article I, 1, b), of the NATO SOFA includes the employees of non-profit organizations who, properly identified by the United States authorities, accompany United States Forces for the sole purpose of contributing to the welfare, morale, and education of members of the Force or of the civilian component, as well as dependents, and who are not Portuguese citizens or ordinarily resident in Portugal.

2 - For purposes of this Agreement, the term «dependents» defined in article I, 1, c), of the NATO SOFA includes persons from the family of a member of the force or the civilian component, as well as such member's spouse, who are present in the Azores and are financially, legally or for reasons of health dependent upon such member.

Article II

Entering and exiting Portuguese territory

1 - For purposes of entering, exiting and traveling in Portuguese territory, the members of the civilian component and dependents shall possess valid passports with annotations attesting to their status, but shall be exempt from visa requirements and from the formalities of Portuguese law on registration and control of aliens.

2 - After their entry into Portuguese territory, a residence permit valid for the duration of their tour of duty will be issued, free of charge, to the persons referred to in the preceding paragraph.

Article III

Professional activities

1 - Members of the Force and the civilian component who engage in professional activity outside their respective official duties, and outside the area of the granted facilities, even though such activity may be occasional, shall be subject to laws regulating work by aliens in Portuguese territory and remaining applicable legislation.

2 - Dependents who engage in professional activities outside the area of the granted facilities shall be subject to laws regulating work by aliens in Portuguese territory. The categories of Portuguese and American positions will be reviewed in the context of the Labor Agreement.

Article IV

Illegal absence

Notwithstanding the second part of article iii, 4, of the NATO SOFA, the United States Forces shall make every effort to inform Air Base Number 4, Lajes, as soon as possible whenever a member of the Force or of the civilian component is illegally absent for more than three duty days.

Article V

Driving permits and automobile traffic

1 - Driver's licenses issued in English and Portuguese by United States Forces to members of the Force or of the civilian component, as well as dependents, shall be considered valid in Portuguese territory. Therefore, the competent Portuguese authority shall validate free of charge the licenses issued by United States Forces.

2 - The members of the Force or of the civilian component, as well as dependents, may be deprived of the right to drive and their driver's licenses temporarily or permanently withdrawn as a consequence of traffic violations committed by them.

3 - United States Forces may issue vehicle registration documents and supply special license plates, following presentation by the vehicle owner or documentation demonstrating ownership and an insurance policy, valid in Portugal and obtained from a company with representation in Portugal, against injury to persons or damage to property which may arise on Portuguese territory as a result of any act or omission committed by the owner. The Air Base Number 4, Lajes, shall be notified of all such registrations.

4 - The United States Forces shall notify Air Base number 4, Lajes, promptly whenever the owner of a vehicle registered in accordance with this article loses his status under the terms of the NATO SOFA and this Agreement.

Article VI

Wearing of uniforms

The members of the Force will wear uniforms only on Air Base Number 4, Lajes, and its supporting facilities and, outside those areas, when on duty or commuting between their respective residences and places of work.

Article VII

Possession, use and carrying of arms

The possession, use and carrying of weapons by the members of the Force or the civilian component apart from duty activities, as well as by dependents, shall be subject to Portuguese law.

Article VIII

Criminal jurisdiction

1 - Recognizing the responsibility of the United States military authorities to maintain good order and discipline among their forces, and in accordance with article VII, 3, c), of the NATO SOFA, Portugal will, at the request of the United States military authorities, waive its primary right to exercise criminal jurisdiction over the members of the Force, except in cases of particular importance to Portugal.

2 - The request for waiver of Portugal's primary right to exercise criminal jurisdiction will be presented within 30 days after the date on which the United States military authorities become aware or are notified of the alleged offense, to the procurador-geral distrital junto da Relação de Lisboa, with copies to the magistrate of the Public Ministry in the appropriate judicial district, and to Air Base Number 4, Lajes.

3 - The waiver will be considered granted if, within 30 days from the date on which the request is received, the procurador-geral distrital junto da Relação de Lisboa has not notified the United States military authorities that the request has been rejected, or has not solicited a clarification of the request. In the latter case, the running of the 30 days period is suspended until the clarification is sent through the same channel as the waiver request.

4 - Certification by the Commander of the United States Forces that the infraction arose out of an act or omission in the performance of official duty will constitute sufficient proof of occurrence on official duty. In those cases where the Portuguese authorities believe the circumstances of the case require review of the duty certificate, United States and Portuguese authorities will consult immediately. During such consultation, Portuguese authorities may present any information bearing on the validity of the official duty certificate and the United States authorities shall take full account of such information. Portuguese authorities retain the option of requesting confirmation from the next higher United States military echelon.

5 - The cooperation envisaged by paragraph 5 and 6 of article vii of the NATO SOFA shall be mutually carried out in the Azores by the representatives of the Command of the United States Forces, Air Base Number 4, Lajes, and the Public Ministry.

6 - Under Portuguese law, trial by summary process may take place up to the fifth day after detention. Members of the Force or civilian component, and their dependents, will not be tried by summary process unless notification has been made to the United States Forces Command. Nor shall such personnel be tried by summary process if, following such notification prior to the end of the five day period, the United States Forces Command requests a waiver of Portuguese jurisdiction pursuant to paragraphs 2 and 3 of this article, or asserts its primary right to exercise jurisdiction by issuing a duty certificate under paragraph 4 of this article. The trial will be suspended until appropriate decision is taken.

7 - When the alleged infraction by a member of the Forces or the civilian component, as well as a dependent, may be subject to a Portuguese military court, Portugal will waive the priority of its jurisdiction in favor of the United States.

8 - The United States military authorities, upon request, shall assure the appearance before the Portuguese authorities of a member of the Force or civilian component who may be accused of a violation of the Portuguese penal law to effect investigation, trial, or execution of sentence, when it falls to the Portuguese authorities to exercise jurisdiction. If judicial proceedings are not concluded within one year, the United States authorities will be released from that obligation. The time involved in appeals is not included in this period of one year.

9 - In the event that the Portuguese authorities decide on the prisão preventiva of an accused person to whom Portuguese jurisdiction is to be applied, the custody of the accused shall reside with the United States military authorities, if they so request, until the completion of judicial proceedings. The United States military authorities shall, upon request, make such a person available to the Portuguese authorities for investigation, trial or sentencing. If judicial proceedings are not concluded within one year, the United States authorities shall be released from this obligation. The time involved in appeals is not included in this period of one year.

10 - When Portuguese criminal jurisdiction is exercised over members of the Force or of the civilian component, as well as dependents, the pertinent proceedings shall be handled on a priority basis so that a final decision may be obtained in the shortest possible time.

Article IX

Civil jurisdiction

1 - The members of the Force or of the civilian component cannot be used in Portuguese courts for the satisfaction of civil claims arising from an act or omission in performance of duty. Such claim shall be satisfied settled or adjudicated by Portugal, which shall be reimbursed by the United States under the terms of article VIII, paragraph 5, of the NATO SOFA.

2 - Certification by the Commander of the United States Forces that the act or omission which gave rise to the claim was done in the performance of official duty shall constitute sufficient proof of the occurrence on official duty. In those cases where the Portuguese authorities believe the circumstances of the case require review of the duty certificate, United States and Portuguese authorities will consult immediately. During such consultation, Portuguese authorities may present any information bearing on the validity of the official duty certificate and the United States authorities shall take full account of such information. Portuguese authorities retain the option of requesting confirmation from the next higher United States military echelon.

3 - For the purposes of this article and article viii of the NATO SOFA, the term «civilian component» shall include Portuguese civilian personnel in the employ of the United States Forces when they are performing official duties, but shall not include employees of non-commercial organizations.

4 - Non-commercial organizations which accompany the United States Forces must obtain an insurance policy, valid in Portugal and obtained from a company with representation in Portugal, against injury to persons or damage to property which may arise on Portuguese territory as as result of an act or omission committed by their employees in the performance of duty.

5 - In case of claims for extraordinary damages by reason of which Portugal would endure serious hardship under the terms of article VIII, 5, b) and e), of the NATO SOFA, the United States shall consider other forms of resolution.

6 - Responsabilities arising from a contract with the United States Forces will be decided in keeping with the disputes clauses provided in the contract.

Article X

Procedures

1 - Claims against a member of the Force or civil component for damages arising from a tortious act or omission which occurred outside the performance of official duty may be presented to de Command of the United States Forces, which shall promptly process and settle meritorious claims, ex gratia in accordance with the laws and regulations of the United States.

2 - In the case of personal debts, the Commander of the United States Forces will use all means permitted by United States law to induce the member of the Force or of the civilian component to satisfy their legal obligations. To assist in this effort, members of the Force and civilian component, leaving the Azores with permanent change of station orders will, at least fifteen days prior to departure, present themselves personally to a Portuguese office designated for that purpose on the agreed facilities. Following this appearence, the Portuguese office will notify the Commander of the United States Forces regarding any member who Portuguese records indicate has any outstanding personal debts.

3 - In order to facilitate the payment of enforceable judgments by the Portuguese courts against Portuguese national employees of the United States, the United States Forces shall pay the salaries of those employees through the agency of a Portuguese entity which shall not enjoy judicial immunity, either in terms of international law of Portuguese law, with respect to compliance with writs of garnishment.

4 - A summons to court or notice of legal proceedings addressed to members of the Forces or the civil component, as well as dependents, will be served through the United States Forces to which the pertinent summons will be delivered directly with an informational copy to Air Base Number 4, Lajes. The United States Forces will promptly inform the judicial authority and Air Base Number 4, Lajes, of the service and related information.

5 - Service of summons or notice to United States personnel who have left the Azores permanently will be accomplished in keeping with The Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters, of November 15, 1965. The United States Forces in the Azores, upon request, will provide the information available to it on the location of such personnel.

6 - Without prejudice to any individual case, United States Forces personnel and dependents are advised that, under Portugueses law, if the domicile of members of the Force, of the civilian component, or dependents who have permanently left the Azores is not known, the summons of notification shall be accomplished by proclamation, following the course of legal procedures.

ANNEX I

Customs and fiscal regime

Article I

Importations by the United States Forces

1 - The United States Forces may import free of duty, special taxes and connected charges the equipment for the Force and reasonable quantities of provisions, supplies, and other goods destined for the use of the Force, the civil component and dependents, under the terms of article XI, paragraph 4, of the NATO SOFA.

2 - The Commander of Air Base Number 4, Lajes, and the Commander of the United States Forces shall cooperate as may be necessary to assure that the imported quantities of provisions, supplies and other goods are reasonable.

Article II

Importations by contractors

The exemption from duties referred to in article I shall

be applied also to equipment, supplies and other goods imported into Portugal by contractors acting on behalf of the United States Forces for the consctruction, improvement, maintenance and operation of the granted facilities, all which must be used exclusively for the execution of contracts with the United States Forces. The aforementioned exemption from duties will be applied also in the case of projects financed jointly by Portugal and the United States. The exemption provided by these article will be applied during the execution of the contracts. The subsequent exportation of the aforementioned goods will benefit also from the exemption from duties. The United States Forces shall require that their contractors shall be obligated to use the goods imported under the terms of this article exclusively for the execution of contracts.

Article III

Processing imports

The imports referred to in articles I and II are to be processed as follows:

Article IV

Customs inspection

Customs inspections will be carried out by the Portuguese authorities in keeping with the procedures agreed with Air Base Number 4, Lajes, and the United States Forces.

Article V

Transfer of imported goods

The goods referred to in article I cannot be sold or transferred by other means to persons who cannot import them duty-free in Portugal, unless the transfer is permitted by the competent Portuguese authority or unless it is a matter of gifts for charitable organizations approved in accordance with Portuguese regulations.

Article VI

Military post offices

1 - The United States Forces may establish on Air Base Number 4, Lajes, a military post office, which may be used by the military personnel of the United States, be the civilian component and by dependents for correspondence between the Azores and other United States post offices.

2 - Private parcel post items entering or leaving Portugal through the military post office of the United States are subject to customs inspections by the Portuguese authorities at the time of delivery to the addressee or at the time of mailing. United States authorities shall be afforded the opportunity to be present during the conduct of such examination. Any such inspection will be accomplished with due regard to ensuring the preservation of the content of such mail and its prompt delivery.

Article VII

Exchanges, social and recreational centers

1 - The United States Forces may establish exchanges and commissaries and social and recreational centers for use by members of the Force or the civilian component, as well as dependents, such organizations and activities are an integral part of the United States Forces and benefit from the same fiscal and customs exemptions which are granted to those Forces.