3824

II SÉRIE - NÚMERO 162

b) The arbitrator's decision shall be final and

binding;

c) The remuneration to be paid to the arbitrator

shall be fixed by agreement. The above remuneration and all expenses incurred in the discharging of the above obligations shall be shared, in equal parts,. by the Contracting Parties.

5 — IBERLANT shall be responsible for damages caused:

a) Through the commission or omission of actions

ascribed to members of its Armed Forces or to civilian components in their official capacity;

b) Through utilization of things, when an accident

be not ascribable to the injured party himself or to a third party.

6 — IBERLANT may be subject to legal proceedings in a claim for indemnities submitted by a third party and arising from the damages considered in the preceding article. A judgment given against IBERLANT in a case submitted by a third party can not be subject to proceedings in execution.

7 — IBERLANT will settle as soon as possible in Portuguese currency the indemnities corresponding to the damages for which it is considered responsible. The Portuguese Government will reimburse IBERLANT for 25 percent of the indemnity that IBERLANT will be required to settle.

8 — The Portuguese Government will exempt IBERLANT of court expenses.

9 — IBERLANT shall do its utmost in order that members of the force and of the civilian components, and their dependents shall settle, as soon as possible, and in Portuguese currency, all indemnities corresponding to such damages for which they be personnally responsible.

10 — The Portuguese Government will receive with the best spirit of good will and request for administrative co-operation regarding a proper appreciation of indemnities claims referred to in the preceding articles, as well as correlated problems.

11 — The provisions of the above paragraphs do not affect the jurisdiction of Portuguese courts of law.

ARTICLE 8

1 — Civilian personnel employed by IBERLANT shall belong to one of the'two following categories:

a) Personnel occupying permanent posts paid in

accordance with salary scales established by the North Atlantic Council;

b) Personnel contracted locally as anticipated by

paragraph 4, article ix, of the Agreement.

2 — Pursuant to paragraph 2, article 7, of the Protocol, the civilian personnel referred to in I, a), above, are exempt from taxes on salaries and emoluments paid to them by IBERLANT in their capacity as employees of IBERLANT.

3 — IBERLANT may arrange for direct hiring of the personnel referred to in 1, b), above, as are necessary. In the hiring of this category of personnel, preference should be given to Portuguese citizens.

Citizens of other NATO countries will be employed only when an adequate supply of Portuguese citizens of required categories and professional qualifications is not available. Such foreign personnel must either be resident in Portugal or obtain a residence permit in accordance with Portuguese law.

4 — In order to hire the civilian personnel referred to in 1, b), above, IBERLANT may request specific individuals by name. IBERLANT may define the terms and conditions governing the contract of such civilian personnel and the duties of the various categories of employees, provided these duties are work contracts, which duties are most closing to those to be performed by such personnel hired by IBERLANT.

5 — IBERLANT will arrange for the welfare and social security of civilian personnel referred to in 1, b), above in accordance with Portuguese law.

6 — Labor disputes between IBERLANT and the civilian personnel referred to in 1, b), above will be settled by the appropriate NATO internal authorities, without prejudice, however, to the right of such personnel to the jurisdictional protection afforded by Portuguese law.

7 — All civilian personnel employed by IBERLANT must be the subject of a security check by the authorities of the most appropriate state.

8 — All civilian personnel referred to in this article who are foreign national shall not engage in any activity other than those relating to their duties with IBERLANT. This restriction will be made the subject of a special clause in all employment and work contracts.

ARTICLE 9

The performance by third parties as independent contractors of services related to the activities of IBERLANT, such as maintenance, cleaning and similar services, shall be the subject of a contract. Special clauses will forbid subcontracting and will state that contractors are obliged, under penalty of forfeiting their contracts, to follow the provisions of Portuguese law for the protection of labor and the conditions pertaining to collective work contracts applicable to the duties most closely paralleling the duties to be discharged at IBERLANT by the employees of the contractor.

ARTICLE 10

IBERLANT will be authorized to purchase goods on the local market for its own requirements. If requested to do so by IBERLANT, the Portuguese Government will provide assistance in. effecting the desired purchases. Should it be found necessary to take preventive measures to avoid adverse effects on the national economy, the Portuguese Government reserves the right to indicate any items the purchase o

ARTICLE II

1! — The Government of Portugal shall make available to IBERLANT such lands, buildings, and fixed installations which, by separate agreement, be considered necessary for its operation.

2 — In order to fulfill the above obligation, the Government of Portugal will not support any expenses with purchases, adaptations or installations.

t