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…

Tipo Resolucao-Assembleia-Republica
Publicação 1995-10-11
Última atualização 2010-06-09
Estado Em vigor texto desatualizado
Texto Tal como publicado
Ministério Assembleia da República
Fonte DRE
artigos 123

Este é o ato tal como foi publicado. As alterações posteriores não estão incorporadas no texto: cada uma é um ato autónomo neste repositório e uma entrada no historial desta lei.

1 ato modificativo · 2010-06-09, Resolução da Assembleia da República n.º 54/2010 — Aprova o Acordo Que Modifica o Acordo …

Aprova, para ratificação, o Acordo de Cooperação e Defesa entre a República Portuguesa e os Estados Unidos da América, o Acordo Técnico e o Acordo Laboral

Histórico de alterações JSON API

2 - By an understanding between the Commander of Air Base Number 4, Lajes, and the Commander of the United States Forces Azores, individual purchasing quotas may be established for certain merchandise of significant value, such as electric appliances, video and sound equipment, and camera equipment.

Article VIII

Military banks and financial institutions

United States military authorities may enter into contracts or other arrangments with financial institutions to maintain and operate military banking facilities or credit unions on Air Base Number 4, Lajes, for the exclusive use of the United States Forces, members of the United States Force, its civilian component, or dependents of the United States Armed Forces, as defined in article 1 of annex H. These activities shall be maintained and operated under United States Military regulations and shall be authorized to maintain bank accounts in the currency of the Goverment of the United States and currency of Government of Portugal and to perform all financial transactions in connection therewith.

Article IX

Exemptions regarding Portuguese taxes and customs and excise duties

1 - The United States Forces may import or acquire, in Portuguese territory, with the exemption from tax provided for NATO country armed forces, the equipment, provisions, supplies and other goods designated for the use of the Force and the civilian components or for the provissioning of their commisssaries, messes and exchanges, exempt from all customs duties, and from the Portuguese value added tax, and from excise duties or other duties which replace them.

2 - The rendering of services, located in Portuguese territory, for the use of the Forces and the civilian component are similarly exempt from the Portuguese value added tax or taxes which replace it.

3 - The acquisition of goods and services in paragraphs 1 and 2 by the United States Forces in the European Community countries are not subjected to value added taxes in Portugal.

4 - For acquisitions in the internal market, the exemptions referred to in paragraphs 1 and 2 will be carried out, without resort to the system of collection and reimbursement applicable to diplomatic representations under Portuguese legislation.

Article X

Other exemptions

1 - The equipment, provisions, supplies and other goods referred to in the previous articles of this annex are exempt from the taxes and other charges which could incur after their importation or acquisition by the United States Forces.

2 - The members of the Force or the civilian component, as well as dependent, are exempt from taxes on the salaries or other income gained in the exercise of activities connected with this Agreement and located on the Air Base Number 4, Lajes, and its support facilities.

3 - The members of the Force and the civilian component as well as dependents enjoy, with respect to their movable property, exemption from taxes and fees of the Portuguese state, the Autonomous Region of the Azores, and local entities on the ownership, possession, use, transfer among themselves, or transfer because of death.

4 - Vessels and aircraft operated by or for the United States Forces, when carrying out missions related to the use of the granted facilities, are exempt from payment of landing or port fees, navigation or overflight charges, or any other charges, except for charges arising from services requested and received.

Article XI

Contractors and subcontractors and their employees

1 - Contractors and subcontractors, native or foreign, are exempt from the tax on income on individuals or collective entities and from local tax, with respect to the profits derived from the projects and jobs associated with the granted facilities.

2 - Nothing in the proceding paragraph shall prejudice the summing or the exempted income for the purposes of Portuguese law and the determination of the applicable fee on the remaining taxable income.

3 - United States nationals who are employed by contractors executing a contract on behalf of the United States Forces are considered members of the civilian component for the following purposes:

a)

Importation of personal effects and private vehicles under the terms of article XI, paragraphs 5 and 6, NATO SOPA.

b)

To the extent authorized by United States military authorities, use of the same postal system available the rest of the personnel of the United States, under the terms of this Agreement.

c)

Issuance of driver's licenses and registration of private vehicles under the terms of article V of Annex H.

d)

Entry into and departure from portuguese territory, under the terms of article II of Annex H.

e)

To the extent authorized by United States military authorities, use of the services of the organizations referred to in Article VII of this Annex. Special limitations may be established on purchases by such personnel in keeping with the provisions in article VII of this annex.

4 - Contractors' vehicles imported duty-free into Portugal may be registered by the United States Forces under the terms of article V of annex H.

Article XII

Importation of personal effects

1 - With reference to article XI, paragraphs 5, 6 and 7 of the NATO SOFA, personal effects, household goods and furniture for the exclusive use of the members of the Forces or the civilian component may be imported and retained in Portugal free of duties, taxes and other charges during the period in which such persons remain in Portugal.

2 - The subsequent exportation of goods imported under the terms of paragraph 1 or acquired in Portugal for the personal use of the owner is exempt from duties and other charges.

Article XIII

Prevention of abuses

The United States Forces will cooperate with Air Base Number 4, Lajes, in the prevention of violation of the fiscal and customs laws of Portugal and of abuses of the exemptions contained in this annex.

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

ANNEX J

Health services

Article I

Hospitals and health centers

The United States Forces may establish and operate medical care facilities in the Azores to support their military personnel, the civilian component, and dependents. In emergencies, or through authorization granted on a case-by-case basis to requests made by any of the Commanders, medical care may be rendered by the other Command on a fully reimbursable basis.

Article II

Pharmacies

1 - Medical prescriptions issued by physicians in the health services of the United States Forces will be filled by the pharmacies of the United States Forces. In emergencies, such physicians may prescribe medications to be obtained from Portuguese pharmacies.

2 - The pharmacies operated by the United States Forces will provide medications only to persons covered by article I, except when authorized by the Commander of the Air Base Number 4, Lajes.

3 - The pharmacies operated by the United States Forces may obtain medical supplies on the local market.

Article III

Cooperation with the Portuguese health services

The health services of the United States Forces, when requested, shall cooperate with the Portuguese health services in maintaining public health. Relevant information which does not compromise professional ethics and confidenciality shall be made mutually available.

Article IV

Medical practice

The health services of the United States Forces shall retrain from any medical practice prohibited by Portuguese law.

Article V

Outside activities of medical and paramedical personnel

In exceptional cases, and when permitted by United States law, medical and paramedical personnel of the United States may render assistance free of charge in Portuguese medical facilities, by agreement with the Commander of the Air Base Number 4, Lajes.

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