822-(28)

II SÉRIE-A — NÚMERO 50

2 — The United States may, at any time, remove any

moveable material belonging to it, including-equipment, machinery, supplies and temporary structures. However, with

the exception of classified material, and of equipment required elsewhere by the United States Government, equipment essencial to the operation of Air Base Number 4, Lajes, will not be removed without the Portuguese Government being given an opportunity to purchase it. The conditions of acquisition will be agreed upon by the two Parties in the spirit of friendship and mutual assistance which forms the basis of this Agreement and in conformity with the Agreement on Cooperation and Defense.

3 — In recognition of die importance of the continued functioning of Air Base Number 4, Lajes, the United Sates will not remove, upon termination of this Agreement, any equipment essential to the operation of the airfield without first consulting with the Portuguese Government and giving it die opportunity of receiving such equipment either by sale, grant, or other favorable basis, in accordance with United States law. The determination of the manner in which equipment may be provided shall be made by the United States Government in the spirit of friendship and mutual assistance which forms the basis of this- Agreement.

4 — The Portuguese Ministry of Defense and the Department of die Defense of die United States shall study die possibility of assuring the continuing operation of any highly specialized assemblies and equipment remaining in the possession of the Portuguese Air Force after the termination of this Agreement.

5 — No rent shall be due for the use of the granted facilities.

Article VTJ Implementing arrangements

The Commander of Air Base Number 4, Lajes, and the Command of the United States Forces will establish between themselves, within the spirit of cooperation expressed in this Agreement, any additional arrangements or internal regulations necessary for die execution of this Agreement and its annexes. Such provisions and regulations shall be consistent with the terms of the Agreement and shall be in writing.

Article Vm Procurement on the local market

1 — When procuring goods or services, the United States agrees in accordance with its laws and regulations to use Portuguese sources whenever feasible, provided those goods, or services meet United States specifications and standards,, are available at the desired locale within the time limits specified, and are equal to or lower in cost than those from other sources, taking into consideration the results of the determined costs to transport these goods and services from other sources. Due to the anticipated effects of the preceding item, the United States agrees to supply by each October of every year, a list of goods and services estimated to be acquired, stipulated criteria and specifications, determined quantities, times of delivery and individual market prices of other sources, including their price ranges as well as other essential acquisition information.

2 — Upon request of the United States Forces, the Se-cretaria Regional de Economia of the Regional Government of the Azores will furnish administrative support in the preparation and execution of procurements in Portugal.

Article IX

Technical Commission

1 7— In order to facilitate implementation of this Agreement, a Technical Commission shall be established under procedures to be agreed.

2 — The Technical Commission will be composed of representatives of the Portuguese Ministry of Defense and the Department of Defense of die United States, will have a coordinator named by each of the Parties, and may have added to it other individuals, whenever the work so justifies, to be designated by the coordinator.

3 — The Technical Commission will meet twice a year or whenever one of the Parties so requests.

4 —The proceedings of the meetings of the Technical Commission will be reported to each Government or to the Standing Bilateral Commission, as die coordinators deem appropriate.

5 — Within three months following signature of this Agreement, the Parties shall establish procedures regarding the composition and functioning of the Technical Commission.

Article X Withdrawal .

The United States'will have twelve months after the termination of this Agreement to withdraw its personnel, equipment, and materials that are present on the granted facilities by virtue of this Agreement. The terms and conditions of this Agreement will apply during the period of withdrawal.

Article XI Authentic texts and entry into force

This Agreement and its included annexes A through J will enter into, and remain in force, under the terms of article x of the Treaty of Defense and Cooperation.

In witnesse whereof, the undersigned, being duly authorized by their respective Governments, have signed this Agreement

Done in Lisbon, this first day of June 1995, in duplicate in the Portuguese and English languages, both texts being equally authentic.

For the Government of the Portuguese Republic:

José Manuel Durão Barroso, Minister of Foreign Affairs.

For the Government Of the United States of America: Warren Christopher, Secretary, of State.

annex a

Facilities

Article I . . Definitions

1 — Facilities provided in this Agreement are:

a) Air Base Number 4, Lajes, on the Island of Terceira;