822-(34)

II SÉRIE-A — NÚMERO 50

Article II

Entering and exiting Portuguese territory

1 — For purposes of entering, exiting and traveling in Portuguese territory, the members of the civilian component and dependents shall possess valid passports with annotations attesting to their status, but shall be exempt from visa requirements and from the formalities of Portuguese law on registration and control of aliens.

2 — After their entry into Portuguese territory, a residence permit valid for the duration of their tour of duty will be issued, free of charge, to the persons referred to in the preceding paragraph.

Article IB. Professional activities

1 — Members of the Force and the civilian component who engage in professional activity outside their respective official duties, and outside the area of the granted facilities, even though such activity may be occasional, shall be subject to laws regulating work by aliens in Portuguese territory and remaining applicable legislation.

2 — Dependents who engage in professional activities outside the area of the granted facilities shall be subject to laws regulating work by aliens in Portuguese territory. The categories of Portuguese and American positions will be reviewed in the context of die Labor Agreement.

Article TV Illegal absence

Notwithstanding the second part of article in, 4, of the NATO SOFA, the United States Forces shall make every effort to inform Air Base Number 4, Lajes, as soon as possible whenever a member of the Force or of the civilian component is illegally absent for more than three duty days.

Article V Driving permits and automobile traffic

1 — Driver's licenses issued in English and Portuguese by United States Forces to members of the Force or of the civilian component, as well as dependents, shall be consi? dered valid in Portuguese territory. Therefore, die competent Portuguese authority shall validate free of charge the licenses issued by United States Forces.

2 — The members of the Force or of the civilian component, as well as dependents, may be deprived of the right to drive and their driver's licenses temporarily or permanently withdrawn as a consequence of traffic violations committed by them.

3 — United States Forces may issue vehicle registration documents and supply special license plates, following presentation by the vehicle owner or documentation demonstrating ownership and an insurance policy, valid in Portugal and obtained from a company with representation in Portugal, against injury to persons or damage to property which may arise on Portuguese territory as a result of any act or omission committed by the owner. The Air Base Number 4, Lajes, shall be notified of all such registrations.

4 — The United States Forces shall notify Air Base number 4, Lajes, promptly whenever the owner of a vehicle

registered in accordance with this article loses his status under the terms of the NATO SOFA and this. Agreement.

Article VI

Wearing of uniforms

The members of the Force will wear uniforms only on Air Base Number 4, Lajes, and its supporting facilities and, outside those areas, when on duty or commuting between their respective residences and places of work.

Article VTJ

Possession, use and carrying of arms

The possession, use and carrying of weapons by the members of the Force or the civilian component apart from duty activities, as well as by dependents, shall be subject to Portuguese law.

Article VTH Criminal jurisdiction

1 — Recognizing the responsibility of the United States military authorities to maintain good order and discipline among their forces, and in accordance with article vn, 3, c), of the NATO SOFA, Portugal will, at the request of the United States military authorities, waive its primary right to exercise criminal jurisdiction over the members of the Force, except in cases of particular importance to Portugal.

2 — The request for waiver of Portugal's primary right to exercise criminal jurisdiction will be presented within 30 days after the date on which the United States military authorities become aware or are notified of the alleged offense, to the procurador-geral distrital junto da Relação de Lisboa, with copies to the magistrate of the Public Ministry in die appropriate judicial district, and to Air Base Number 4, Lajes.

3—The waiver will be considered granted if, within 30 days from the date on which the request is received, die procurador-geral distrital junto da Relação de Lisboa has not notified the United States military authorities that the request has been rejected, or has not solicited a clarification of die request. In the latter case, the running of the 30 days period is suspended until the clarification is sent through the same channel as die waiver request.

4 — Certification by the Commander of the United States Forces that the infraction arose out of an act or omission in the performance of official duty will constitute sufficient proof of occurrence on official duty. In those cases where die Portuguese authorities believe the circumstances of the case require review of the duty certificate, United States and Portuguese authorities will consult immediately. During such consultation, Portuguese authorities may present any information bearing on the validity of the official duty certificate and the United States authorities shall take full account of such information. Portuguese authorities retain the option of requesting confirmation from the next higher United States military echelon.

5 — The cooperation envisaged by paragraph 5 and 6 of article vn of the NATO SOFA shall be mutually carried out in the Azores by the representatives of the Command of lhe United States Forces, Air Base Number 4, Lajes, and the Public Ministry.