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II SÉRIE — NÚMERO 64

Command, control, and communications;

Search and rescue;

Meteorological;

5 — For purposes of this Agreement, United States personnel and vessels, vehicles and aircraft operated by or for the Government of the United States of America, shall have free access to, and shall have the right to move freely between, such facilities, including movement within the internal waters, territorial seas and superjacent airspace of the Azores. Land and maritime connections shall be made by the most direct, practicable and useable route. Procedures for overflight are provided in Annex C.

6 — The United States of America may store and maintain conventional munitions and explosives in facilities specifically authorized for this purpose. In this regard, safety criteria shall be at least as strict as those of the Portuguese Armed Forces. The Commander, United States Forces in the Azores (hereinafter referred to as United States Forces), shall keep the Commander of the Azores Air Command informed regarding the type and quantity of munitions and explosives being stored.

ARTICLE II Sovereignty

1 — This agreement is concluded in recognition of Portugal's full sovereignty.

2 — The land, sea and air defense of the Azores,, including the agreed facilities, is the responsibility of the Portuguese Armed Forces.

3 — The United States Forces are authorized, as a courtesy, to fly the flags of Portugal and the United States of America side by side in front of their headquarters building.

4 — Any military honors that may take place in the open shall be rendered by the Portuguese Armed Forces. However, they may be rendered jointly or, in special cases, by United States Forces when both Commanders consider it suitable.

ARTICLE III United States military support

Consistent with the defense interests of Portugal and the United States, and with the constitutional procedures of the two countries, the United States shall assist in the modernization of the Portuguese Armed Forces through the provision of defense support. The provision of equipment, materials, and services shall be in accordance with the Mutual Defense Assistance Agreement between the United States and Portugal of January 5, 1951, and the exchange of notes of December 13, 1983, regarding Defense 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 Slates 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 defense 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 Vitoria 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 dependents, shall be