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…

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.

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:

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.