Resolução da Assembleia da República n.º 25/85 — Acordo Técnico para Execução do Acordo de Defesa entre Portugal e os Estados Unidos da América de 6 de Outubro de 1951

Consistent with the defence interests of Portugal and the United States, and with the constitutional procedures of the two countries, the United States shall assist in the modernisation of the Portuguese Armed Forces through the provision of defines support. The provision of equipment, materials, and services shall be in accordance with the Mutual Defence Assistance Agreement between the United States and Portugal of January 5, 1951, and the exchange of notes of December 13, 1983, regarding Defence and Economic Support, and may be the subject of separate arrangements between the Governments of Portugal and the United States.

ARTICLE IV

Command and functional relations

1 - The Lajes Air Base and its supporting facilities shall be under the command of the Portuguese Armed Forces, which will be exercised by the Commander of the Azores Air Command or by a designated Commander subordinate to him.

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 United States use facilities as defined in article I of Annex A.

3 - The United States will not designate as Commander of the United States Forces an officer with a military grade superior to the Commander of the Azores Air Command, who shall normally be of flag rank If both Commanders are of the same rank, the Commander of the Azores Air Command shall be considered senior.

4 - Relations between the United States Forces Command and Portuguese authorities shall be conducted through the Azores Air Command, except as provided for in Annex H. The Commanders may, in addition, establish procedures for dealing with specific types of local issues.

5 - The Commander of the Azores Air Command and the Commander of the United States Forces shall resolve in a spirit of mutual trust and cooperation any problems resulting from, the implementation of this Agreement. Any differences that cannot be resolved by the commanders shall be submitted through appropriate channels for a decision by higher authorities.

6 - The Commander of the Azores Air Command or deputies designated by him shall have access to all agreed facilities, except for cryptographic areas and classified equipment or information. Conditions for access to areas where classified equipment or information is located shall be established by mutual agreement between the two Commanders. The Commander of the United States Forces shall keep the Commander of the Azores Air Command informed of the location of such areas and equipment.

7 - The two Commanders shall collaborate in preparing plans and conducting joint exercises in order that their forces may be in readiness to carry out effectively their missions. In the same spirit of cooperation, the two Commanders shall encourage the exchange between their commands of information of mutual interest.

8 - The airdrome and the air traffic control facilities shall be operated jointly as specified in Annex D.

9 - The Commander of the Azores Air Command is responsible for the defence and security of Lajes Air Base and its supporting facilities, as well as the maintenance of law and order thereon as specified in Annex E.

10 - The port facility in Praia da Vitória shall be operated as specified in Annex F.

11 - The Mobile Maritime Communications Service will be operated as specified in Annex G.

ARTICLE V

Status of forces

1 - The status of United States Forces as well as that of members; of these forces, members of the civilian component, and their dependants, shall be governed by this Agreement and its Annexes, particularly H, I, and J, and by the provisions of the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces of June 19, 1951.

2 - These forces, their members, members of the civilian component, and their dependants shall respect Portuguese law and abstain from any activity inconsistent with the spirit of this Agreement. It is the duty of the United States to take necessary measures to that end.

ARTICLE VI

Responsability for construction and maintenance and for related costs

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

2 - The Portuguese Government and the United States Government are individually and 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 agreed facilities. The relocation of persons, property and military installations will be a Portuguese Government responsibility.

6 - Costs will be allocated as follows:

7 - New external construction, including new structures and additions to present structures which alter their appearance or purpose, requires approval of the Azores Air Command. In this connection, the United States Command shall submit for approval by the Azores Air Command conceptual plans for such construction, including plans, site plans and elevation drawings which provide final dimensions. The Azores Air Command shall make every effort to reply to such requests within six months. An information copy of the final construction plans shall be provided to the Azores Air Command.

8 - The United States Forces Command is authorised to equip and maintain agreed facilities and devices, fences and other means necessary for protection of these facilities, provided the general appearance or contractors (ver nota *) acting on behalf of the United Sta-

9 - The United States may use its own personnel or contractors (ver nota *) 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 agreed facilities. In selecting such contractors, the United States will utilise Portuguese contractors to the maximum extent feasible.

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

11 - The Government of the United States shall require that contractors and subcontractors(ver nota *) of the United States Forces obtain insurance to cover injuries to persons or 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.

(nota *) Throughout the Portuguese text: adjudicatários.

ARTICLE VII

Property rights

All buildings, structures and utilities connected to. the soil, including respective wiring, piping of any nature and sanitary and heating installations, are upon construction the property of Portugal, although they may be used fully by United States Forces while the Agreement is in force and in accordance with its terms. Upon termination of this Agreement, such property shall be left in place in serviceable condition. No compensation will be owed by the Government of Portugal.

2 - The United States may at any time remove any movable material belonging to that including equipment, machinery, supplies and temporary structures. However, with the exception of classified material, and of equipment required elsewhere by the United States Forces, equipment essential to the operation of Lajes Air Base shall not be removed without the Portuguese Government being given an opportunity to purchase it. The conditions of purchase shall be agreed upon by the two parties in the spirit of friendship and mutual assistance which forms the basis of this Agreement and in accordance with the exchange of notes of December 13, 1983, on Defence and Economic Support.

3 - In recognition of the importance of the continued functioning of the Lajes Airdrome, the United States shall not upon termination of this Agreement remove any equipment essential to the operation of the airdrome without first consulting with the Portuguese Government and giving that the opportunity of receiving such equipment either by sale, grant, or other favourable basis, in accordance with United States law. The determination of the manner in which the 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 departments of defence of the two countries shall study the feasibility of assuring the continuing operation of any highly specialised installations 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 agreed facilities.

ARTICLE VIII

Procurement

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 local within the time limits specified, and are equal to or lower in cost than those from other sources. Upon the request of the United States Forces, the competent Portuguese authorities will furnish administrative support in the preparation and execution of procurements in Portugal.

ARTICLE IX

Implementing arrangements

The Azores Air Command and the Command of the United States Forces shall establish between themselves within the spirit of cooperation expressed in this Agreement any additional arrangements or local regulations necessary for the implementation of the Agreement and its annexes. Such arrangements and regulations shall be consistent with the Agreement and shall be in writing.

ARTICLE X

Authentic texts and entry into force

This Agreement, including its Annexes (hereinafter referred to as the Agreement) shall be concluded in the English and Portuguese languages, both texts being equally authentic. The Agreement shall enter into force once the parties have notified each other in writing that they have satisfied their respective constitutional requirements. The Technical Agreement of November 15, 1957, shall be terminated on the date that this Agreement enters into force.

ARTICLE XI

Amendments and duration

This Agreement may be modified at any time by further agreement of the United States Government and the Government of Portugal and shall remain in force so long as the authorisation described in the exchange of notes of December 13, 1983, relating to the Defence Agreement of September 6, 1951, remains in force.

Done at Lisbon, May 18, 1984.

For the Government of the United States of America:

(Illegible signature,)

For the Government of the Portuguese Republic:

Carlos Alberto da Mota Pinto.

Annex A

Facilities

ARTICLE I

Definitions

For the purpose of this Agreement:

1) «Facilities» includes areas, installations, buildings and utilities;

2) «United States use facilities» are the facilities normally used exclusively or primarily by United States Forces;

3) «Joint use facilities» are the facilities used by Portuguese Forces and United States Forces. They may be operated by either force or jointly.

4) «Agreed facilities» are United States use facilities and joint use facilities.

5) Nothing in the above definitions or in the provisions of this Agreement shall affect the existing rights of the public or of third persons.

ARTICLE II

Register of agreed facilities

It is the responsibility of the two Commands jointly maintain a complete register of ali agreed facilities, including buildings, areas, capacities, borders and other necessary elements. This register will also include a set of maps of the agreed facilities. A map showing the general location of all agreed facilities has been agreed to as of the date of signature of this agreement.

ARTICLE III

Island of Terceira

1 - Lajes Air Base consists of all the operational military infrastructures and support facilities inside the limits of Lajes Air Base, including areas for the use of United States Forces, areas for joint use and an area for civilian use for the support of authorised commercial flights. Other agreed facilities on Terceira island are included in the register referred to in article II of this Annex.

2 - In areas surrounding, leading from, or leading to agreed facilities the United States requires access rights with regard to landowners to take necessary action in support of the agreed facilities, including the right to raise and lower existing antennas; to lay, repair and maintain water and POL pipelines and electrical, communication and power lines; and to excavate for these purposes. The Government of Portugal will seek to acquire continuing access rights for this purpose, to ensure that the United States is permitted access at anytime, without prior notice, to these areas, with costs to be shared as mutually agreed. Damages incurred during the exercise of these rights shall be paid for in accordance with the provisions of article v of the Agreement. In cases where rock fences must be torn down to gain access, the United States will be authorised to construct suitable gates, provided it will ensure that such fences are replaced on termination of its occupancy, if so desired. In the interim, the Azores Air Command will use its best efforts to ensure such access.

ARTICLE IV

Island of Santa Maria

Although the Airport of Santa Maria should maintain its character of a civilian commercial airdrome, the United States Forces are authorised to use it for military purposes in accordance with paragraph 1 of article I of the Agreement and Annex C. For this purpose, the United States shall be authorised to improve or augment the existing facilities at Santa Maria and to construct supplementary facilities subject to the provisions of article VI of the Agreement.

ARTICLE V

Island of São Miguel

1 - The United States Forces are authorised to operate and maintain a communications facility at Pico da Barrosa

2 - In accordance with paragraph 1 of article I of the Agreement, the United States Forces shall be authorised the use of areas to be mutually agreed, in accordance with applicable plans, for an emergency operations base.

ARTICLE VI

Protected zones

The Government of Portugal shall ensure that the areas surrounding the agreed facilities will be used in accordance with 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 the Agreement, the United States may assign to the agreed facilities in peacetime the following categories of personnel:

Stationed personnel, consisting of members of the force 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.

ARTICLE II

Length of stay in time of peace

1 - In time of peace, stationed personnel may as a rule be assigned to the Azores for a period of no more than 3 years.

2 - In time of peace, rotational personnel may as a rule be assigned to the Azores for a period of no more than 179 days.

3 - The Commander of the Azores Air Command will be notified no less than 3 months in advance of the intention to extend an assignment. The extension shall not take effect if the Commander of the Azores Air Command requests the removal of the individual concerned. Such extensions shall be based on specific needs and shall be regarded as exceptions to the rules stated in this article.

ARTICLE III

Authorised strength in time of peace

1 - The maximum numbers of stationed and rotational personnel which may be assigned to the agreed facilities in time of peace are as follows:

Stationed personnel ... 3000

Base support (including base exchange, hospital, supply and security ... 1600

Aviation (including aircraft maintenance, fuels, aircraft movement and base operations) ... 950

Services (including meteorological and telecommunications) ... 450

Rotational personnel ... 3500

Aviation (including aircrew and aircraft maintenance) ... 2700

Aviation support (including aircraft movement, base operations, command post and fuels) ... 500

Temporary support (including technical advisors, and special maintenance) ... 300

The number of stationed personnel and rotational personnel may not be exceeded; however, the ceilings in the sub-categories may vary by 25%.

2 - The Command of the United States Forces shall continue the current practice of providing to the Azores Air Command the total number of assigned personnel by categories and the number of dependants. This report shall include the number of non-Portuguese contractor personnel.

3 - The Minister of National Defence of Portugal shall consider, in the spirit of friendship and mutual assistance which forms the basis of this Agreement. any requests that may be made by United States authorities for temporary increases in the number of personnel assigned.

Annex C

Flight operations

ARTICLE I

Entering and exiting Lajes Air Base

1 - Aircraft authorised to use Lajes Air Base under the terms 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 Lajes Air Base under this Agreement may proceed to and depart from that airdrome on the basis of general air traffic or operational flight plans, as appropriate.

ARTICLE II

Santa Maria Airport

1 - The United States aircraft operationally assigned to Lajes Air Base 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 approved by the appropriate air traffic control service.

2 - Whenever the Command of the United States Forces considers a landing at the Santa Maria Airport to be necessary for purposes other than those stated in paragraph 1, it shall seek prior authorisation from the Azores Air Command, which shall take appropriate action.

ARTICLE III

Ponta Delgada Airport

The United States aircraft operationally assigned to Lajes Air Base may land at Ponta Delgada Airport for the purpose of training, and providing mail, personnel and logistic support for the United States activities to include United States vessels utilising the São Miguel harbour, subject to 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 Lajes Air Base may from time to time make approaches and landings, to include touch and go or 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 to filing a flight plan approved by the appropriate air traffic control service.

ARTICLE V

Overflight and landing in other parts of Portuguese territory

1 - Except as otherwise provided in this Annex, the normal procedures in force between the two countries for aircraft overflight and landing shall apply.

2 - In the event of a flight emergency the aircraft of the United States Forces may use any Portuguese civilian or military airdrome.

ARTICLE VI

Coordination of operational activity

The Commander of the United States Forces will provide the Commander of the Azores Air Command with information for the purpose of general coordination of operational flight activity and for the purpose of ensuring that the latter Commander has knowledge of the nature of the missions being carried out.

ARTICLE VII

Search and rescue

1 - The Azores Air Command's Rescue Coordination Centre at Lajes Air Base is responsible for search and rescue operations in the Santa Maria Flight Information Region.

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

ARTICLE VIII

Flight safety

1 - The Azores Air Command is responsible for safe ground and flight operations on the Lajes Airdrome, and in the airport traffic and the approach control areas. The Azores Air Command and the United States Forces are mutually responsible for ensuring general flight safety.

2 - In case of accidents or incidents on Portuguese territory relating to flight safety and involving United States military personnel or aircraft, the investigation shall be carried out in accordance with the provisions of NATO STANAG n.º 3531 regarding Investigation of Aircaft/Missile Accidents Incidents.

3 - In the event of an accident involving a United States aircraft perimeter security of the damaged aircraft shall be the responsibility of the Portuguese authorities, who shall guarantee access to the accident scene by United States personnel. However, United States Forces, if first on the scene of the accident, may establish perimeter security of the aircraft pending arrival of Portuguese Forces. Removal of the aircraft concerned shall be the responsibility of the United States.

Annex D

Air traffic and Air Base services

ARTICLE I

Air traffic services

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

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

ARTICLE II

Airdrome services

Both Commands will make all efforts to have jointly operated base operations, ground, and meteorological services. When this is not possible or advisable, Portuguese and United States Forces will provide such services for their own aircraft. When such jointly operated services are not available, Portuguese authorises will provide such services to all civilian aircraft, except when such aircraft are operated by or for the United States Forces, and to military aircraft of third countries, except as otherwise agreed.

ARTICLE III

Radio aids

The United States Forces are responsible for the operation of the Lajes Air Base radio aids for navigation, approach, landing and departure, installed or to be installed, primarily for the use of United States aircraft. The United States will have the right to exchange or replace these systems at any time provided that the interoperability of navigation or landing system services will not be altered without the mutual agreement of the two Commanders.

ARTICLE IV

Commercial flights

Without prejudice to the priority of military usage, due consideration will be given to the accommodation of authorised commercial flights.

Annex E

Defence security and law enforcement

ARTICLE I

General principles

1 - The Azores Air Commander is responsible for the immediate defence, internal security and maintenance of law and order of Lajes Air Base and its supporting facilities, including measures against espionage, sabotage and subversion, except as otherwise agreed.

2 - Notwithstanding the provisions of paragraph 1 of this article, the Commander of the United States Forces is responsible for internal security and maintenance of law and order in the United States use facilities. Portuguese law enforcement authorities will cooperate with the United States Forces Command under procedures to be mutually agreed.

3 - The United States Forces Command will consult with the Azores Air Command regarding the security of United States vessels, aircraft, equipment and other material in joint use facilities, including its location and necessary guard. and firearm. arrangements. In those cases where it is necessary, the United States Forces Command may assign guards to ensure external protection. Prior notification of such cases shall be given to the Azores Air

Command.

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

ARTICLE II

Defence and security coordination system

Consistent with the provisions of article IV of the Agreement and of article I of this Annex, the Lajes Air Base defence and security system shall be managed by the Azores Air Commander, under procedures to be mutually agreed, through a defence and security coordination centre, which will be jointly manned.

ARTICLE III

Plans and implementation

1 - The Azores Air Command shall be responsible for formulation and implementation of plans for the immediate defence and security of Lajes Air Base and its supporting facilities.

2 - The United States Forces Commander shall make appropriate plans for the implementation of his security responsibilities; under the terms of this Annex, and shall submit them to the Azores Air Commander for coordination and incorporation into base security plans.

3 - Implementation of the above responsibilities shall include provisions for armed personnel and other necessary measures for the internal and external security and military defence of Lajes Air Base and its supporting facilities.

4 - The two Commanders will review annually the Lajes Air Base defence and security system to ensure that the measures in force are adequate. The results of this review together with any proposals for additional measures shall be submitted through appropriate military channels, to higher authorities.

5 - In order to carry out the responsibilities referred to in this Annex, or to counter unforeseen situations, the Azores Air Commander may request support from the Commander of the United States Forces, who may also make recommendations in this regard. The United States Forces Commander will provide support as may be mutually agreed.

ARTICLE IV

Military police patrols

1 - Military patrols staffed jointly by United States and Portuguese military personnel will patrol Lajes Air Base and its supporting facilities, and when requested may assist local law enforcement authorities outside the agreed facilities. The patrols will operate in accordance with mutually agreed regulations, and will utilise bilingually marked security vehicles.

2 - Should a difference arise in a situation requiring immediate action by members of a joint patrol, the matter shall be referred as soon as possible to their superiors. Pending a resolution of any such dispute, no United States 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 delito cases.

ARTICLE V

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 VI

Control of entry, exit and circulation

1 - The Azores Air Command shall be responsible for the regulation and control of entry and exit of personnel and vehicles into and out of Lajes Air Base. The law enforcement authorities of the United States Forces will cooperate under procedures to be mutually agreed.

2 - The United States Forces Command shall provide the qualified personnel necessary to facilitate identification of United States personnel and vehicles and to conduct or assist any necessary lawful search (revistas) of such personnel and vehicles.

3 - Either Command may issue passes which shall be promptly validated by the Azores Air Command under mutually agreed procedures.

4 - The United States military authorities may require that Portuguese and third country nationals consent to search of parcels, packages and other items being carried into or out of the United States facilities. Such a search may be conducted under the provisions of paragraph 3 of article IX of this Annex or, if such person agrees, by United States military authorities.

5 - The personnel of each Command shall have unrestricted use of the roads in areas under the control of the other Command, subject to any exceptions and conditions which may be mutually agreed.

ARTICLE VII

Preparation of personnel

Training and specialised instruction for personnel, particularly concerning weapons, communications, mines and booby-traps, narcotics control, and sabotage are the responsibility of each force. In this connection, the two Commanders shall cooperate to the extent feasible.

ARTICLE VIII

Damage Control Centre

A joint Damage Control Centre shall be established to manage danasse control activities under procedures to be agreed by the two Commanders.

ARTICLE IX

Law enforcement assistance

1 - United States military authorities shall maintain discipline and order among members of the force.Outside the agreed facilities, appropriate liaison shall be maintained with Portuguese law enforcement authorities.

2 - United States military authorities may arrest Portuguese and third country civilians within the, agreed facilities only in accordance with the Portuguese laws on arrests by persons other than police officers (flagrante delito) and only until custody of such persons may be transferred to the Portuguese authorities.

3 - The Azores Air Command shall provide, on request, qualified personnel necessary to facilitate identification of Portuguese and third country nationals and to conduct or assist any lawful search (revistas) of such persons and property in their possession.

Annex F

Port facility in Praia de Vitoria

ARTICLE I

Use of the agreed facility

1 - The port facility used by the United States Forces in Praia da Vitoria, Terceira Island, Azores, is registered in accordance with Annex A.

2 - This facility is intended for the movement of cargo for the United States Forces and for the Portuguese Armed Forces.

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

ARTICLE II

Port operations

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

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

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

4 - The port clearance of vessels referred to in paragraphs 2 and 3 and the customs clearance of their cargo is assured by the Portuguese authorities.

5 - Pilot services and measures relative to the safety of navigation within the port and its approaches are the responsibility of the Portuguese authorities, with the assistance of the United States Forces, as necessary and as mutually agreed.

6 - In the port and its approaches, the Portuguese maritime laws, particularly those referring 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 with cargo covered by paragraph 2, article I of this Annex.

8 - The services provided by the 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 as mutually agreed.

9 - Use of the agreed facility by vessels referred to in paragraph 3 of article I shall be in accordance with mutually agreed procedures.

ARTICLE III

Means of manoeuvre

1 - Tugs belonging to the United States Forces will be utilised to manoeuvre all vessels until the Portuguese authorities have the means to provide for these services. The maintenance and operation of its tugs will be the responsibility of the United States Forces. Joint manning of the tugs may be carried out as mutually agreed.

2 - Floating equipment belonging to the United States Forces which is necessary to the operation of the port facility may be stationed at the doca das pequenas embarcações (dock for small vessels).

3 - 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 and maintenance and for related costs

1 - The construction, maintenance, repair and alteration of buildings or installations in this facility shall be in accordance with the terms of article VI of this Agreement.

2 - The United States Forces are responsible for dredging the access channels, anchorage areas and manoeuvring basin, and for maintaining and repairing the existing breakwater and pier, which are primarily for the use of the United States Forces.

3 - Such works shall require prior consultation with the Portuguese authorities in order to assure any necessary coordination for operations and planning.

ARTICLE V

Security

Consistent with the terms of Annex E, the provisions for the security of this facility will also take into account its special characteristics.

ARTICLE VI

Functional relations

The Azores Air Command will inform the United States Forces Command regarding the Portuguese authorities and functional relations referred to in this annex, pursuant to paragraph 4 of article IV of the Agreement,

ARTICLE VII

Future port of Praia da Vitoria

1 - During the construction by the Portuguese authorities of the new port, the continuity of services currently provided to the United States Forces will be assured.

2 - At such time as Portugal determines that it is prepared to assume responsibility for providing necessary port services, appropriate United States and Portuguese authorities will review this annex in order to agree on the conditions necessary to ensure the continued prompt movement of cargo for the United States Forces, and the continued availability of services required by the United States Forces.

Annex G

Mobile maritime communications services in the Azores

ARTICLE I

Responsibility

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

ARTICLE II

Delegations

The Portuguese authorities may, by mutual agreement, delegate in whole or in part to the United States Forces the execution of any category of mobile maritime communication's services related to the use of the agreed facilities. This delegation does not imply any delegation of operational control in the Azores area and shall be terminated upon reasonable notice, when it is judged convenient by either Party.

ARTICLE III

Rules and regulations

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

ARTICLE IV

Characteristics

The Command of the United States Forces shall submit for approval of the Portuguese authorities the basic characteristics of the mobile maritime communications services executed in accordance with article II. Once approved, these characteristics cannot be altered without authorisation of 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, paragraph 1, b), of the Agreement between Parties to the North Atlantic Treaty Regarding the Status of their Forces of June 19, 1951 (hereinafter referred to as the NATO SOFA) includes the employees of non-commercial organisations who, properly identified by United States authorities, accompany the United States Forces for the sole purpose of contributing to the welfare, morale, and education of members of the force, the civilian component, or dependants, and who are not Portuguese nationals and are not ordinarily resident in Portugal.

2 - For purposes of this Agreement, the term «dependent» defined in article I, paragraph 1, c), of the NATO SOFA includes persons from the family of a member of the force, or the civilian component, or such member's spouse, in the Azores, who 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 travelling within Portuguese territory, members of the civilian component and dependants shall possess valid passports with annotations attesting to their status, but shall be exempt from visa requirements. They shall also, be exempt from compliance with Portuguese immigration laws regarding registration and control of aliens.

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

ARTICLE III

Professional activities

Members of the force and the civilian component as well as dependants who engage in professional activity outside the scope of the respective official duties, even if such activity is occasional, shall be subject to laws regulating work by aliens in Portuguese territory.

ARTICLE IV

Illegal absence

Without prejudice to the second sentence of article III, paragraph 4, of the NATO SOFA, the United States Forces shall make every effort to inform the Azores Air Command 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 the United States Forces to members of the force or of the civilian component, and dependants, shall be accepted as valid in Portuguese territory. The competent Portuguese authority shall validate free of charge the license issued by the United States Forces.

2 - Driving privileges of members of the force or of the civilian component, and dependants, may be withdrawn and the license forfeited permanently or temporarily as a consequence of traffic violations committed by the license.

3 - The United States Forces may issue vehicle registrations and supply special license plates, following presentation by the vehicle owner of documentation demonstrating ownership and a policy of insurance valid in Portugal. The Azores Air Command shall be notified of all such registrations.

4 - The United States Forces will notify the Azores Air Command promptly if the owner of a vehicle registered in accordance with this article loses his status under the NATO SOFA and this Agreement.

ARTICLE VI

Wearing of uniforms

The wearing of the uniform by members of the force shall be limited to Lajes Air Base and its supporting facilities, except that the uniform may be worn outside such facilities by such members when on duty or when commuting between their residence and place of work.

ARTICLE VII

Possession, use and carrying of arms

Except in conjunction with official duty, the possession, use and carrying of arms by members of the force, the civilian component or dependants shall be subject to Portuguese law.

ARTICLE VIII

Criminal jurisdiction

1 - Recognising the responsibility of the United States military authorities to maintain good order and discipline among their forces, and in accordance with article VII, paragraph 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 members of the force, except in cases of particular importance to Portugal

2 - Requests for waiver of the Portuguese primary right to exercise criminal jurisdiction will be presented, within 30 days after the United States military authorities become aware of the alleged offence, to the Procurador-Geral Distrital junto da Relação de Lisboa, with information copies to the Magistrate of the Public Ministry in the appropriate judicial district, and to the Azores Air Command.

3 - The waiver will be considered granted if, within 30 days from the date 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 thirty-day period is suspended until a clarification is sent through the same channels as the waiver request.

4 - Certification by the Commander of the United States Forces that an alleged offence arose out of an act or omission done in the performance of official duty shall constitute sufficient proof of performance of official duty. However, Portuguese authorities retain the option of requesting confirmation from the next higher United States military echelon.

5 - The cooperation envisaged by paragraphs 5 and 6 of article VII of the NATO SOFA, shall be carried out in the Azores between representatives of the United States Forces Command, the Azores Air Command, and the Public Ministry.

6 - Members of the force or civilian component, and their dependants, may be tried by summary process only after 5 days prior notice to the United States Forces Command. In the case of a person over whom the United States has jurisdiction under its law, the United States Forces Command may within that period request a waiver of Portuguese jurisdiction pursuant to paragraphs 2 and 3 of this article or claim its primary right to exercise jurisdiction. The trial will be suspended until the appropriate decision is taken.

7 - Whenever an alleged offence by a member of the force or of the civilian component, or a dependent, would be subject to trial by a Portuguese military court, Portugal will waive its jurisdiction to the United States.

8 - The United States military authorities shall, upon request, make available to Portuguese authorities for investigation, trial and sentencing members of the force or of the civilian component who are accused of offences under Portuguese criminal laws, where Portuguese authorities are to exercise jurisdiction. If judicial proceedings are not concluded within one year, the United States authorities shall be exempt from this obligation. The one-year deadline shall not include the time necessary for appeal.

9 - To satisfy the Portuguese requirement for prisão preventiva, the custody of an accused person over whom the Portuguese authorities are to exercise jurisdiction shall reside with the United States military authorities, if they so request, pending the completion of ali judicial proceedings. The United States military authorities shall, upon request, make such a person available to the Portuguese authorities for investigation, trial and sentencing. If judicial proceedings are not concluded within one-year, the United States authorities shall be exempt from this obligation. The one-year deadline shall not include the time necessary for appeal.

10 - Whenever Portuguese criminal jurisdiction is exercised over members of the force or of the civilian component or a dependent, the pertinent proceedings shall be handIed on a priority basis so that a final decision may be obtained in the shortest possible time.

ARTICLE IX

Civil jurisdiction

1 - Members of the force or of the civilian component shall not be subject to any proceedings before Portuguese courts in connection with civil claims brought as a result of any act or omission done in the performance of official duty. Such claims shall be settled or adjudicated by Portugal, which shall be reimbursed by the United States pursuant to article VIII, paragraph 5, of the NATO SOFA,

2 - Certification by the Commander of the United States Forces that the act or omission giving rise to the claim was done in the performance of official duty shall constitute sufficient proof of the performance of such duty. 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 organisations.

4 - The Government of the United States shall require that non-commercial organisations accompanying United States Forces obtain insurance to cover injury to persons or 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.

5 - In cases of claims for extraordinary damage where the application of the provisions of subparagraphs 5 b) and e) of article VIII, of the NATO SOFA, would cause Portugal serious hardship, the United States will consider arranging a settlement of a different nature.

6 - Commitments assumed in a contract with the United States Forces shall be resolved in accordance with the disputes clause of the contract.

ARTICLE X

Procedural actions

1 - Claims arising from a tortuous act or omission of a member of the force or civilian component, not done in the performance of official duty, may be submitted to the Command of the United States Forces, which shall promptly process and settle meritorious claims, ex gratia, in accordance with United States laws and regulations.

2 - In the case of personal debts, the Commander of the United States Forces shall use all means permitted by United States law to induce members of the force or of the civilian component to satisfy their legal obligations.

3 - In order to facilitate the payment of enforceable judgements by the Portuguese courts against Portuguese national employees of the United States, the United States Forces shall pay the salaries of such employees through a Portuguese entity that is not immune under international law or Portuguese law from Portuguese writs of garnishment (apreensão de salários).

4 - Any Portuguese summons to court or notice of legal proceedings addressed to a member of the force, or of the civilian component, or dependants, shall be served through the United States Forces. Such summons shall be sent directly to that Command, with an information copy to Headquarters, Azores Air Command. The United States Forces will inform promptly the issuing authority of the date of actual service with an information copy to the Azores Air Command.

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

Annex I

Customs and fiscal regime

ARTICLE I

Importation's by the United States Forces

1 - The United States Forces may import free of duty the equipment for the force and reasonable quantities of provisions, supplies and other goods for the use of the force as well as the civilian component and dependants pursuant to paragraph 4, article XI of the NATO SOFA.

2 - The Commander of the Azores Air Command and the Commander, United States Forces, shall collaborate as necessary to ensure that the quantities of provisions, supplies and other goods imported are reasonable.

ARTICLE II

Importation's by the contractors

The right of duty-free importation referred to in article I shall also apply to equipment, supplies, materials and other goods imported into Portugal on behalf of the United States Government by a contractor for the construction, improvement, maintenance or operation of the agreed facilities, and shall be used solely for executing a contract for such forces. Such right of duty-free importation shall also apply to projects funded jointly by Portugal and the United States. The right provided by this paragraph shall apply for the duration of such contracts, and to subsequent exportation from Portugal. The United States shall require that contractors of the United States Forces shall use property imported under this article exclusively in the execution of such contracts.

ARTICLE III

Processing of imports

The imports covered by articles I and II will be processed as follows:

will be classified into groups in accordance with a list to be provided to the United States Forces by the Azorean Air Command;

ARTICLE IV

Customs inspections

Customs inspections under this annex will be carried out in the agreed facilities by the Portuguese authorities in accordance with procedures mutually agreed between the Azores Air Command and the United States Forces.

ARTICLE V

Military post office

The property referred to in article I may not be sold or otherwise transferred to persons in Portugal not entitled to import such property duty free, unless such transfer is agreed upon by the appropriate Portuguese authorities. This rule will not apply to gifts for charitable purposes.

ARTICLE VI

Military post office

1 - The United States Forces may establish a military post office in the agreed facilities, which may be used by United States military personnel, the civilian component and dependants for correspondence between the Azores and other United States post offices.

2 - Private parcel post items entering or leaving Portugal through the United States military post office are subject to customs examination by Portuguese authorities at the time of delivery to the addressee or at the time of mailing. Any such examination will be accomplisher with due regard to ensuring prompt delivery.

ARTICLE VII

Exchanges and social and recreational centres

1 - The United States Forces may establish exchanges and commissaries, as well as social and recreational facilities, intended for use by members of the force or of the civilian component and dependants. Such organisations and activities are integral parts of the United States Forces and shall benefit from the same fiscal and customs exemptions accorded to those Forces.

2 - By mutual agreement between the Azores Air Command and the United States Forces Command, quotas on purchases by individuals may be established for the sale of certain merchandise, in particular items of significant value, such as electric appliances, video and sound reproduction equipment, and camera equipment.

3 - The United States will encourage its procurement authorities to acquire in the Portuguese market provisions, merchandise and articles for its world-wide network of exchanges. The Portuguese authorities will provide the assistance necessary to meet this objective.

ARTICLE VIII

Fiscal exemptions

1 - Equipment, provisions, supplies, and other goods referred to in the previous articles of this annex, imported with exemption from duties, benefit equally from an exemption from transaction taxes in cases where these are owed or from any other taxes Which may replace them.

2 - The acquisition in Portugal of equipment, provisions, supplies, and other goods by United States Forces shall be exempt from all Portuguese taxes and other similar charges, but only if the total cost of an acquisition equals or exceeds 150000$00.

3 - The equipment, provisions, supplies, and other goods referred to in the preceding paragraphs shall be exempt from any tax or other charge which would otherwise be assessed upon such property after its importation or acquisition by the United States Forces.

4 - Contractors and subcontractors of any nationality and their employees, with respect to construction and repair related to the agreed facilities, benefit from the same fiscal exemptions which, under the terms of the fiscal legislation in force on the date of this Agreement, are enjoyed by contractors or subcontractors and their personnel engaged in projects related to NATO common infrastructure.

5 - The exemptions provided in paragraphs 2 and 3 of this article shall also apply to equipment, supplies, material and other goods acquired in Portugal on behalf of the United States Government by a contractor to be used solely for executing a contract for such forces. These exemptions shall also apply to projects funded jointly by Portugal and the United States. The exemption provided by this paragraph shall apply for the duration of such contracts, and to subsequent exportation from Portugal. The United States Forces shall require that contractors of the United States Forces shall use property acquired under this article exclusively in the execution of such contracts.

6 - The exemptions for employees of contractors and subcontractors that are referred to in paragraph 4 are not granted to Portuguese civilians employed by such contractors or subcontractors.

7 - The members of the force, its civilian component, and their dependants, are exempt from taxes on their income due to salaries or other income gained in the exercise of activities related to this Agreement in the area of the facilities.

8 - Members of the force and of the civilian component, and dependants shall not be liable to pay any tax or fee to the Portuguese State, the Autonomous Region of the Azores, or Portuguese local entities on the ownership, possession, use, transfer among themselves, or transfer by death of their tangible movable property.

9 - Vessels and aircraft operated by or for the United States Forces shall not be subject to the payment of landing or port fees, navigation or overflight charges or any other charges in connection with carrying out missions related to the use of the agreed facilities, except for charges for services requested and received.

ARTICLE IX

Contractors and their employees

1 - United States nationals who are employed by a contractor executing a contract on behalf of the United States Forces shall be treated as members of the civilian component for the following purposes:

2 - Contractor vehicles brought into Portugal duty-free may be registered by the United States Forces in accordance with article V, annex H.

ARTICLE X

Personal importation

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

2 - The exportation of property referred to in paragraph 1 of this article or acquired in Portugal for the owner's personal use shall be free of all duties and other charges.

ARTICLE XI

Prevention of abuses

The United States Forces Command will cooperate with the Azores Air Command to prevent abuses of the customs and fiscal laws of Portugal and of the privileges contained in this annex.

Form referred to in article III

([ver documento original](https://files.diariodarepublica.pt/1s/1985/10/24300/34503480.pdf))

Annex J

Health services

ARTICLE I

Hospitals and health centres

The United States Forces may establish medical care facilities in the Azores in support of the United States military personnel, the civilian component, and dependants. In emergencies, or in response to case-by-case requests, by either Command, medical assistance may be rendered by the other Command on a fully reimbursable basis.

ARTICLE II

Pharmacies

1 - Medical prescriptions issued by physicians serving in the health services of the United States Forces shall 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 shall supply medications only to persons covered by article I, unless otherwise authorised by the competent Portuguese authority.

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

ARTICLE III

Collaboration with the Portuguese health services

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

ARTICLE IV

Medical practice

The health services of the United States Forces shall refrain from 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, United States medical and paramedical personnel may render assistance free of charge in Portuguese medical facilities, by agreement with the competent Portuguese authority.