Military
Facilities in the Azores:
Agreement
Between Portugal and the United States
September
6, 1951(1)
The
Portuguese Government and the Government of the United States of America:
Having
in mind the doctrine and obligations arising from Articles 3 and 5 of the North
Atlantic Treaty signed in Washington April 4, 1949;
Resolved,
in accordance with the preamble of that Treaty, to unite their efforts for the
common defense and for the preservation of peace and security;
Considering
the necessity of executing in peacetime the measures of military preparation
necessary to the common defense, in conformity with plans approved by the
nations signatory to the referred to Treaty;
Taking
into consideration that according to the provisions adopted in the North
Atlantic Treaty Organization, the area of the Azores directly interests
Portugal and the United States and that between then they must establish
agreements for the determination and utilization of the facilities which it is
possible for the first of the mentioned Governments to grant in those islands
Agree
as follows:
Article
1
The
Portuguese Government grants to the Government of the United States in case of
war in which they are involved during the life of the North Atlantic Treaty and
within the framework and by virtue of the responsibilities assumed thereunder
the use of facilities in the Azores which will be provided for in technical
arrangements to be concluded by the Ministers of Defense of the two
Governments.
Wherever
reference is made in the text of this Agreement to technical arrangements, it
is understood that such reference has to do with the technical arrangements to
be agreed upon by the Ministers of Defense of the two Governments, and which
are hereby authorized.
Article
2
The
Governments of Portugal and of the United States, in technical and financial
collaboration, and in harmony with technical arrangements to be agreed upon,
will construct new installations and enlarge and improve those existing for the
purpose of preparing and equipping the agreed facilities in the Azores with
what is necessary for the execution of the missions for which under the defense
plans they are charged with in time of war.
1)
These preparatory works shall include, among other things, the storage of oil,
munitions, spare parts and any supplies considered necessary for the purposes
in view.
2) The
term for the execution of what is set forth in the body of the present Article
and in subparagraph 1 will run from the date of signature of this Agreement
until the first of September 1956 with a period of grace of four months.
Article
3
All
constructions and materials incorporated in the soil will from the start be
considered property of the Portuguese State without prejudice to the recognized
right of the United States to use such constructions and materials in time of
war or in time of peace to the extent and in the manner provided in this
Agreement, and to raze and remove them for its account at the end of the term
referred to in Article 1 or if the hypothesis mentioned in Article 8 should
eventuate, all in accordance with technical arrangements to be agreed upon.
At the
end of the period referred to in Article 1, as well as in the hypothesis
provided for in Article 8, and without prejudice to the technical arrangements
referred to above, the United States may raze or remove for its account
technical equipment belonging to it and not necessary to the future functioning
of the bases, the Portuguese Government making equitable payment for that which
it desires to acquire and which may be ceded to it.
Article
4
Having
in mind their eventual use in harmony with the provisions of Article 1, the
Portuguese Government will undertake the maintenance of the facilities in all
the period subsequent to the withdrawal of the American personnel, as
stipulated in Article 7.
Article
5
For the
purpose of the previous Article, and in accordance with what will be agreed
upon between the Defense Ministers of the two Governments, Government of the
United States will provide facilities necessary for the apprenticeship and
training of Portuguese personnel having in mind the perfect functioning of the
bases as well as facilitate duly qualified American personnel and material both
deemed indispensable for the missions charged to the military forces in the
Azores, in time of peace as well as in time of war, in harmony with the plans
established by the competent organs of the North Atlantic Treaty Organization.
This American personnel in the period subsequent to the evacuation of the bases
in time of peace will be under Portuguese direction.
Article
6
During
the period of the preparation of the bases, in conformity with Article 2
subparagraph 2, and during the period of evacuation granted under Article 7,
the transit of American military aircraft through the Lagens Airdrome continues
to be permitted and there will be authorized on that base, during the same
periods, the training of United States aviation and naval personnel, and United
States military and civilian personnel stationed there may be increased up to
the necessary. There will also be permitted the eventual visit to the airdrome
of Santa Maria of some military aircraft which will be provided for by technical
arrangements to be concluded between the Ministers of Defense of the two
Governments.
These
arrangements will fix the number and missions of the personnel employed and
will define the legal statute to which they will be subject, as well as the
exemptions which the personnel and material will enjoy in time of peace and in
time of war.
Article
7
For a
term beyond the periods in which the facilities should be utilized either in
time of war or under conditions provided for in subparagraph 2 of Article 2,
there will be granted by the Portuguese Government between six months and a
year, in accordance with the circumstances and difficulties of the occasion,
for the complete evacuation of the American personnel and their accompanying
equipment, which will take place whether or not it has been possible to carry
out the provisions of Article 5.
Stockpiling
of materials and supplies necessary to the preparation for war, in accordance
with the reasonable exigencies of the international situation, and in
accordance with technical arrangements to be agreed upon, is authorized during
the term referred to in Article 1.
Article
8
The
Government of the United States may at any moment renounce the concessions
granted under the present Agreement in which case the obligations assumed in
this respect by the Portuguese Government will likewise cease.
Article
9
In case
of war the facilities granted may be utilized by the rest of the North Atlantic
Treaty Organization members. The conditions for the utilization of the
facilities by the members of the NATO will be established by agreement between
the competent Portuguese and American authorities.
The
Portuguese Government reserves the right to extend to the Government of His
Britannic Majesty in the United Kingdom facilities analogous to those granted
under this Agreement.
Article
10
The
Portuguese Government will authorize, after the period of evacuation fixed in
Article 7, the transit through Lagens of military aircraft of the United States
carrying out missions within the framework of the North Atlantic Treaty
Organization. This transit will be carried out by the utilization of the
Portuguese services in the referred to Base, whether or not it has been
possible to carry out the provisions of Article 5.
For
beyond the period in question, and from time to time, as may be agreed between
the Ministers of Defense of the two countries in the face of circumstances and
in each case, the Lagens base may be utilized for the exercises of combined
training of the appropriate forces of NATO. The non-Portuguese personnel
necessary to effect this training will remain in the Azores only for the time
necessary for each operation.
Article
11
Nothing
in the technical arrangements to be agreed upon by the Ministers of Defense of
the two Governments may be understood in a contrary sense to the provisions of
the present Defense Agreement.
Article
12
This
Agreement will enter into effect on the date of its signature and on the same
date the Agreement of February 2, 1948 (2) will cease to have validity.
In
testimony thereof the respective plenipotentiaries of the two Governments have
placed their signatures and affixed their seals to the present Agreement.
Done in
Lisbon in two copies, in Portuguese and English, both texts having equal value,
this sixth day of September 1951.
(1)
TIAS 3087, 5 UST 2263.
(2)
TIAS 2351; 2 UST 2266.