8 DE MARÇO DE 1983

2197

4 — Certification by the Commander of the United States Forces that an alleged offense arose out of an act or ommission done in the perfomance of official duty shall constitute sufficient proof of perfomance of official duty. However, Portuguese authorities retain the option of requesting confirmation from the next higher United States military echelon.

5 — The cooperation envisaged by paragraphs 5 and 6 of article vn of the NATO SOFA, shall be carried out in the Azores between representatives of the United States Forces Command, the Azores Air Command, and the Public Ministry.

6 — Members of the force or civilian component, and their dependents, may be tried by summary process only after 5 days prior notice to the United States Forces Command. In the case of a person over whom the United States has jurisdiction under its law, the United States Forces Command may within that period request a waiver of Portuguese jurisdiction pursuant to paragraphs 2 and 3 of this article or claim its primary right to exercise jurisdiction. The trial will be suspended until the appropriate decision is taken.

7 — Whenever an alleged offense by a member of the force or of the civilian component, or a dependent, would be subject to trial by a Portuguese military court, Portugal will waive its jurisdiction to the United States.

8 — The United States military authorities shall, upon request, make available to Portuguese authorities for investigation, trial and sentencing members of the force or of the civilian component who are accused of offenses under Portuguese criminal laws, where Portuguese authorities are to exercise jurisdiction. If judicial proceedings are not concluded within one year, the United States authorities shall be exempt from this obligation. The one-year deadline shall not include the time necessary for appeal.

9 — To satisfy the Portuguese requirement for prisão preventiva, the custody of an accused person over whom the Portuguese authorities are to exercise jurisdiction shall reside with the United States military authorities, if they so request, pending the completion of all judicial proceedings. The United States military authorities shall, upon request, make such a person available to the Portuguese authorities for investigation, trial and sentencing. If judicial proceedings are not concluded within one- year, the United States authorities shall be exempt from this obligation. The one- year deadline shall not include the time necessary for appeal.

10 — Whenever Portuguese criminal jurisdiction is exercised over members of the force or of the civilian component or a dependent, 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 — Members of the force or of the civilian component shall not be subject to any proceedings before Portuguese courts in connection with civil claims brought as a result of any act or omission done in

the perfomance of official duty. Such claims shall be settled or adjudicated by Portugal, which shall be reimbursed by the United States pursuant to article viu, paragraph 5, of the NATO SOFA.

2 — Certification by the Commander of the United States Forces that the act or omission giving rise to the claim was done in the performance of official duty shall constitute sufficient proof of the perfomance of such duty. 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 vm 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 — The Government of the United States shall require that non-commercial organizations accompanying United States Forces obtain insurance to cover injury to persons or damage to property that may occur in Portuguese territory as a result of acts or omissions done in the performance of duty by their employees.

5 — In cases of claims for extraordinary damage where the application of the provisions of subparagraphs 5 b) and e) of article vm of the NATO SOFA would cause Portugal serious hardship, the United States will consider arranging a settlement of a different nature.

6 — Commitments assumed in a contract with the United States Forces shall be resolved in accordance with the disputes clause of the contract.

ARTICLE X Procedural actions

1 — Claims arising from a tortious act or omission of a member of the force or civilian component, not done in the performance of official duty, may be submitted to the Command of the United States Forces, which shall promptly process and settle meritorious claims, ex gratia, in accordance with United States laws and regulations.

2 — In the case of personal debts, the Commander of the United States Forces shall use all means permitted by United States law to induce members of the force or of the civilian component to satisfy their legal obligations.

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 such employees through a Portuguese entity that is not immune under international law or Portuguese law from Portuguese writs of garnishment (apreensão de salários).

4 — Any Portuguese summons to court or notice of legal proceedings addressed to a member of the force, or of the civilian component, or dependents, shall be served through the United States Forces. Such summons shall be sent directly to that Command, with an information copy to Headquarters,