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21 DE SETEMBRO DE 1984

3823

Atlantic will have to be agreed upon between the Government of Portugal and the Supreme Allied Commander Atlantic;

hereby agree, in accordance with the provisions of paragraph 2, article 16, of the Protocol, as follows:

ARTICLE 1

In the present Agreement, the expressions:

a) The «Agreement» means the Agreement

between the Parties of the North Atlantic Treaty concerning the Status of their Forces, signed in London on the 19th June 1951;

b) The «Protocol» means the Protocol on the

Status of International Military Headquarters set up pursuant to the North Atlantic Treaty, signed in Paris on the 28th August 1952;

c) The abbreviation «SACLANT» means Su-

preme Allied Commander Atlantic;

d) The abbreviation «CINCIBERLANT» means

Commander-in-Chief Iberian Atlantic;

e) The abbreviation «IBERLANT» means the

allied headquarters under the command of CINCIBERLANT.

ARTICLE 2

1 — IBERLANT is an «allied headquarters* as per provisions of article 1, c), of the Protocol.

2 — The provisions of the Agreement and the Protocol will be, with the adaptations included in the present Agreement, applicable to IBERLANT.

ARTICLE 3

1 — Legal capacity is vested in IBERLANT.

2 —IBERLANT, by itself or on behalf of SACLANT, for the attainment of its objectives may do as follows:

a) Conclude contracts;

b) Acquire and dispose of movable property;

c) Engage in legal proceedings either as plaintiff

or defendant.

ARTICLE 4

1 — IBERLANT will be located in the vicinity of Lisbon.

2 — The following will be subject to direct agreement between the Government of Portugal and SACLANT:

a) Any change in the location of IBERLANT;

b) The establishment on Portuguese territory of

any other allied headquarters directly subordinate to SACLANT or CINCIBERLANT.

ARTICLE 5

1 — Personnel strength is to be determined by the proper NATO authorities, following agreement obtained from the Government of Portugal.

2 — SACLANT is authorized to increase personnel strength within a limit of 20 percent.

3 — The increase referred to in 2 above can take place only after the Government of Portugal has been informed of the decision for such an increase.

4 — Any increase above the limit set in 2 above depends on a prior agreement between the Government of Portugal and SACLANT.

ARTICLE 6

1 — The Commander-in-Chief of IBERLANT, not being a Portuguese national, shall enjoy jurisdictional immunity as envisaged for the diplomatic corps accredited in Lisbon in respect of actions performed in the exercise of his official duties and within the limits of his responsibilities.

2 — He will further enjoy the following:

o) Inviolability of personal papers and documents;

b) Privileges similar to those granted to mem-

bers of the diplomatic corps with regard to exchange and currency regulations;

c) The same facilities as those enjoyed by mem-

bers of the diplomatic corps with regard to personal luggage.

3 —The Government of Portugal and SACLANT may agree to extend the aforesaid immunities and privileges to other non-Portuguese high-ranking officers serving in IBERLANT.

ARTICLE 7

1—The matters referred to in article vin of the Agreement will be dealt with in accordance with the following.

2 —Both Portugal and IBERLANT hereby waive any claim for indemnity with regard to damages caused to such movable properties as are assigned to their Armed Forces if such damages:

a) Be caused by a member of the Armed Forces

in his official capacity within the framework of the North Atlantic Treaty;

b) Be the result of the utilization by the other

Contracting Party of vehicles, ships or aircraft in actions undertaken within the framework of operations of the North Atlantic Treaty;

c) Be caused to vehicles, ships or aircraft used

in actions undertaken within the framework of operations of the North Atlantic Treaty.

3 — Both Portugal and IBERLANT hereby further waive any claim for indemnity should a member of their Armed Forces be wounded or killed in the performance of his official duties.

4 — Should it not be a matter of waiving of claims end should there be no agreement thereon, a decision on the responsibility and the amount of indemnity to be paid for damages caused to the properties of both Portugal and IBERLANT shall be entrusted to one sole arbitrator and the latter shall be chosen by the Contracting Parties from among such Portuguese citizens who hold or have held high judicial office:

a) For the purpose of choosing an arbitrator, each Party shall submit one name;