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II SÉRIE — NÚMERO 64

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 ofsparcels, 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 specialized 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 Center

A joint Damage Control Center shall be established to manage damage 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 a Port facSty In Praia da VHorfe

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.