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16 DE JUNHO DE 1995

822-(35)

6 — Under Portuguese law, trial by summary process may take place up to the fifth day after detention. Members of the Force or civilian component, and their dependents, will not be tried by summary process unless notification has been made to the United States Forces Command. Nor shall such

personnel be tried by summary process if, following such

notification prior to the end of die five day period, me United States Forces Command requests a waiver of Portuguese

jurisdiction pursuant to paragraphs 2 and 3 of this article, or asserts its primary right to exercise jurisdiction by issuing a duty certificate under paragraph 4 of this article. The trial will be suspended until appropriate decision is taken.

7 — When the alleged infraction by a member of the Forces or the civilian component, as well as a dependent, may be subject to a Portuguese military court, Portugal will waive the priority of its jurisdiction in favor of die United States.

8 — The United States military authorities, upon request, shall assure the appearance before the Portuguese authorities of a member of the Force or civilian component who may be accused of a violation of the Portuguese penal law to effect investigation, trial, or execution of sentence, when it falls to the Portuguese authorities to exercise jurisdiction. If judicial proceedings are not concluded within one year, the United States authorities will be released from that obligation. The time involved in appeals is not included in this period of one year.

9 — In the event that the Portuguese authorities decide on the prisão preventiva of an accused person to whom Portuguese jurisdiction is to be applied, the custody of the accused shall reside with the United States military authorities, if they so request, until the completion of judicial proceedings. The United States military authorities shall, upon request, make such a person available to the Portuguese authorities for investigation, trial or sentencing. If judicial proceedings are not concluded within one year, the United States authorities shall be released from this obligation. The time involved in appeals is not included in this period of one year.

10 — When Portuguese criminal jurisdiction is exercised over members of the Force or of the civilian component, as well as dependents, the pertinent proceedings shall be handled on a priority basis so that a final decision may be obtained in the shortest possible time.

Article DC Civil jurisdiction

1 — The members of the Force or of the civilian component cannot be used in Portuguese courts for the satisfaction of civil claims arising from an act or omission in performance of duty. Such claim shall be satisfied settled or adjudicated by Portugal, which shall be reimbursed by the United States under the terms of article vm, paragraph 5, of the NATO SOFA.

2 — Certification by the Commander of the United States Forces that the act or omission which gave rise to the claim was done in the performance of official duty shall constitute sufficient proof of the occurrence on official duty. In those cases where the 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.

3 — For the purposes of this article and article vru of die 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 — Non-commercial organizations which accompany the United States Forces must obtain 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 as result of an act or omission committed by their employees in the performance of duty.

5 — In case of claims for extraordinary damages by reason of which Portugal would endure serious hardship under the terms of article vm, 5, b) and e), of the NATO SOFA, die United States shall consider other forms of resolution.

6 — Responsabilities arising from a contract with the United States Forces will be decided in keeping with the disputes clauses provided in the contract.

Article X Procedures

1 — Claims against a member of the Force or civil component for damages arising from a tortious act or omission which occurred outside the performance of official duty may be presented to de Command of the United States Forces, which shall promptly process and settle meritorious claims, ex gratia in accordance with the laws and regulations of the United States.

2 — In die case of personal debts, the Commander of die United States Forces will use all means permitted by United States law to induce the member of the Force or of the civilian component to satisfy their legal obligations. To assist in this effort, members of the Force and civilian component, leaving the Azores with permanent change of station orders will, at least fifteen days prior to departure, present themselves personally to a Portuguese office designated for that purpose on the agreed facilities. Following this appearence, the Portuguese office will notify the Commander of the United States Forces regarding any member who Portuguese records indicate has any outstanding personal debts.

3 — In order to facilitate the payment of enforceable judgments by the Portuguese courts against Portuguese national employees of die United States, die United States Forces shall pay the salaries of those employees through the agency of a Portuguese entity which shall not enjoy judicial immunity, either in terms of international law of Portuguese law, with respect to compliance with writs of garnishment.

4 — A summons to court or notice of legal proceedings addressed to members of the Forces or the civil component, as well as dependents, will be served through the United States Forces to which the pertinent summons will be delivered directly with an informational copy to Air Base Number 4, Lajes. The United States Forces will promptly inform the judicial authority and Air Base Number 4, Lajes, of the service and related information.

5 — Service of summons or notice to United States personnel who have left the Azores permanently will be ac-