822-(26)

II SÉRIE-A — NÚMERO 50

Portugal grants to the United States of America the auhori-zation for

a) The utilization of the facilities described in annex 'A of the present Agreement necessary for the fcon-duct of military operations resulting from the V application of the provisions of the North Adantic Treaty or from decisions taken in the framework ? of the North Adantic Treaty Organization, Portugal not objecting; * #) The transit of military aircraft of the United States ^; of America through Air Base Number 4, Lajes,'or : through air space of the Azores in missions not included in the preceding paragraph and undertaken in the framework of the North Atlantic Treaty.

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2 —The transits described in die preceding clause will be the object of previous notification to the competent Portuguese authorities.

3 — Portugal will consider favorably any requests for the utilization of the Air Base Number 4, Lajes, for the undertaking of military operations flowing from decisions taken within the ambit of other international organizations of which both Parties are members, as long as such decisions have been supported by Portugal.

4 — Any utilization by die United States of America of me facilities referred in paragraph 1 that does not derive from, or is not included in, the situations foresseen in the preceding paragraphs of the present article, will be the object of prior authorization.

5 — The United Styates of America is also authorized to prepare and maintain, in collaboration with the Portuguese authorities, the facilities described in annex A.

6 — Portugal authorizes, in accordance with the regulations of annex B, the transitory stationing, at Air Base Number 4, Lajes, and its support facilities, of military and civilian personnel of the United States of America needed for the preparation, maintenance, utilization and support of the facilities, and for the execution and support of the activities referred to in the preceding paragraphs.

7 — For the execution of this Agreement, United States personnel and vessels, vehicles and aircraft operated by or for the Government of the United States, 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 overlying airspace of the Azores. Sea movements will respect international law and practice. Land movement will be in accordance with national and international regulations. Land and maritime connections shall be made by the most direct, practicable route that can be used. The conditions for overflight are established in annex C.

8 — The United States of America may store and maintain conventional munitions and explosives in facilities specifically indicated 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 Air Base Number 4, Lajes, informed regarding the type and quantity of munitions and explosives stored. >

Article II

Symbols of sovereignty

1 — The United States Forces are authorized, as a courtesy, to fly the flag of the United States of America and the

flag of Portugal side by side in front of its headquarters building.

2 — 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 the United States Forces when both Commanders consider it suitable

Article UJ Command and funcional relations

1 — Air Base Number 4, Lajes, and its support facilities shall be under the Command of the Portuguese Armed Forces, which will be exercised by the Commander of Air Base Number 4, Lajes, or by a specifically designated subordinate.

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 the exclusive use facilities of the United States as defined in article 1 of annex A.

3 — The United States will not designate as Commander of the United States Forces an officer with a military rank superior to the Commander of Air Base Number 4, Lajes! If both Commanders are of the same rank, the Commander of Air Base Number 4, Lajes, shall be considered senior.

4 — The Commander of Air Base Number 4, Lajes, and the Commander of the United States Forces shall resolve in a spirit of mutual trust and cooperation any problems resulting from the application of the provisions contained in this Complementary Agreement. Any differences that cannot be resolved by the Commanders shall be submitted through appropriate channels for a decision by higher authorities.

5 — The Commander of Air Base Number 4, Lajes, or deputies designated by him shall have access to all Granted Facilities except for cryptographic areas and classified information and equipment. Conditions for access to areas where classified information and equipment is located shall be established by agreement between the two Commanders. The Commander of the United States Forces shall keep the Commander of Air Base Number 4, Lajes, informed of the location of such areas and classified information and equipment.

6 — The two Commanders shall collaborate in preparing plans and conducting combined-exercises in order that both Forces may be ready to effectively carry out their missions. In the same spirit of cooperation, the two Commanders shall encourage the exchange between their Commands of information of mutual interest.

7 — The airfield and the air traffic control facilities shall be operated joindy as specified in annex D.

8 — The Commander of Air Base Number 4, Lajes, is responsible for the defense and security of Air Base Number 4, Lajes, and its supporting facilities, as well as the maintenance of law and order thereon as specified in annex E

9 — The support facility in the port of Praia da Vit6ria shall be utilized as specified in annex F.

10 — The Mobile Maritime Communications Service will be carried out as specified in annex G.

11 — Relations between the Command of the United States Forces and Portuguese authorities will be established through Air Base Number 4, Lajes, except as provided for in annex H. The Commanders may, in addition, establish

procedures for dealing with specific types of local issues.