67 | II Série A - Número: 103 | 29 de Abril de 2014

Article 12 Claims

1. Subject to the limitations provided in the Agreement, Article XV, the Protocol, Article 16, and taking due account of Article 11, paragraph 4 above, claims for damage or injury to persons or property in the Portuguese Republic resulting out of either the activities of an Allied Headquarters or other NATO operations or exercises in the Portuguese Republic and coordinated with the appropriate Portuguese authorities, shall be adjudicated and settled in accordance with the Agreement, Article VIII, and with the Protocol, Article 6, as appropriate. 2. The Supreme Headquarters shall have the right to self-insure against liabilities and shall thus be exempt from any mandatory insurance requirement under Portuguese laws. 3. On request of an Allied Headquarters the Portuguese Republic may assist the Allied Headquarters in the adjudication of claims arising out of contracts, on the condition that such contracts are applying Portuguese laws.
4. The Portuguese Republic shall designate the necessary points of contacts in its administration for the settlement of claims.

Article 13 Civilian personnel employed by an Allied Headquarters

1. An Allied Headquarters may make direct arrangements for the hiring of NATO International Civilians:

a. The terms and conditions of such employment shall be governed exclusively by the applicable NATO regulations and the contract of employment. Disputes pertaining to such employment shall be handled solely in accordance with the applicable North Atlantic Council approved regulations. Recourse to Portuguese courts, tribunals, agencies or similar fora shall not be granted, and in the event NATO International Civilians would attempt to use a national administrative or judicial body to pursue any employment dispute, Portuguese authorities shall advise the concerned administrative or judicial body of its lack of jurisdiction.
b. In accordance with the Protocol, Article 7, paragraph 2, NATO International Civilians are exempt from all taxes, as well as contributions to Portuguese social and pension schemes, on the salaries and emoluments paid to them in their capacity as NATO International Civilians as long as NATO International Civilians are covered by group insurance schemes and pension schemes provided by or through NATO. 2. As envisaged in the Agreement, Article IX, paragraph 4, an Allied Headquarters may employ local civilian labour (Local Wage Rate personnel) under the same conditions as any employer under the laws of the Portuguese Republic:

a. Systems of administration and classification of positions shall be set by NATO regulations or, where support units are involved, sending State regulations, as per any bilateral or multilateral arrangements in force. b. Labour disputes between an Allied Headquarters and Local Wage Rate personnel shall be adjudicated in accordance with the appropriate NATO regulations, without prejudice, however, to the right of such personnel to the jurisdictional protection afforded by Portuguese law. c. The Allied Headquarters shall comply with the obligations under Portuguese law to make required deductions on salaries and emoluments paid to Local Wage Rate personnel. Portuguese agencies shall make the necessary arrangements with an Allied Headquarters for the collection of the financial contributions mentioned above. National support units, international, multinational, governmental, non-governmental organizations, and international tribunals are responsible for their own arrangements regarding their Local Wage Rate personnel in the Portuguese Republic.

3. Civilian personnel referred to in paragraph 1 of this Article and of Portuguese nationality may be liable to fulfil Portuguese military service obligations. The Portuguese Republic may grant exemptions from Portuguese military service and reserve training, mobilisation, recall, civil defence duties and similar services if so requested by an Allied Headquarters.