ÆäÀÌÁö À̹ÌÁö
PDF
ePub

2. The provisions of paragraph 3 of Article XIII of the Agreement in implementation shall be applicable to the military personnel covered by this note, except that the military orders to which the said Article refers shall be replaced by an official document issued by the military authorities of the United States containing a certification in the Spanish language that the trip to Spain has been authorized by the commander of the unit to which the bearer belongs. The dependents who accompany the military personnel covered by this note shall be subject to the ordinary system of passports in force under Spanish law, although they shall be exempt from the provisions of that legislation referring to visas and alien registration.

3. The persons referred to in paragraph 1 of this note may use the services of the United States Forces in Spain referred to in Articles XI and XII of the Agreement in Implementation.

4. (a) The Spanish authorities shall immediately notify the military authorities of the United States of the arrest in Spain of any of the persons referred to in paragraph 1 of this note.

(b) In order that the military authorities of the United States may maintain the good order and discipline of the persons referred to in paragraph 1 of this note, the Government of Spain shall refuse them entry into Spanish territory unless they are in possession of the authorization mentioned in paragraph 2 of this note. With the assistance of the military authorities of the United States, the Government of Spain, within its legal authority, shall proceed to expel from Spanish territory the military personnel covered by this note whose authorization to be in Spain has been withdrawn by the military authorities of the United States, or who are otherwise accused of an offense solely against the military law of the United States, except in cases where a person has been charged by the Spanish authorities, in which case the person's expulsion shall be deferred until the charges are resolved.

(c) Likewise, Spain authorizes the military authorities of the United States to exercise jurisdiction over the military personnel covered by this note with respect to offenses committed in Spanish territory solely against the persons or property of United States personnel in Spain, as defined in the Agreement in Implementation, or solely against the public property of the United States in Spain, used in connection with Chapter VIII of the Agreement of Friendship and Cooperation.

(d) The trial safeguards common to the law of Spain and the law of the United States, which are numbered 1 to 16 and are listed in Article XXIII of the Agreement in Implementation as being among those recognized for the case of a member of the United States personnel in Spain, as defined in the said Agreement, shall be applicable

to the persons covered by paragraph 1 of this note who are prosecuted under the jurisdiction of Spain.

5. Notwithstanding the provisions of paragraph 4 of this note, and on a reciprocal basis, the authorities of Spain and the military authorities of the United States may request from and grant to each other, through the appropriate authorities, the right to exercise jurisdiction in any exceptional case involving a member of the military personnel covered by this note, in accordance with the following rules:

a. (1) At the request of the military authorities of the United States with respect to offenses not referred to in paragraph 4.c. of this note and over which the United States is especially interested in exercising jurisdiction;

(2) At the request of the authorities of Spain, with respect to offenses referred to in paragraph 4.c. of this note and over which Spain is especially interested in exercising jurisdiction.

b. The requests referred to in this paragraph shall be submitted in writing within no more than fifteen days from the time of notification to requesting authorities of the arrest of a member of the military personnel covered by this note. Such requests shall be acted upon within no more than thirty days from the date submitted; if no decision is made within that period, the request shall be considered to have been denied.

6. The military authorities of the United States will, at their request, maintain custody of a member of the military personnel covered by this note over whom Spanish jurisdiction is to be exercised as a result of the application of the provisions of paragraph 5.a(2) of this note. As to other members of the military personnel covered by this note over whom Spanish jurisdiction is to be exercised, the United States military authorities may, in cases of special interest, submit requests for custody to the competent Spanish authorities for their consideration. Any custody by the United States military authorities pursuant to this paragraph shall be governed by the provisions of paragraph 3 of Article XVIII of the Agreement in Implementation.

If your Government concurs in the foregoing, I have the honor to propose that this note and Your Excellency's reply note to that effect shall constitute an agreement between our two Governments on this matter."

I wish to advise you that the Government of the United States agrees that your note, together with this reply, constitute an agreement between our two Governments regarding active duty military personnel of the armed forces of the United States, and their depend

ents who accompany them, who are temporarily in Spanish Territory on a private visit.

Accept, Excellency, the assurances of my highest consideration.

His Excellency

GREGORIO LOPEZ BRAVO,

Minister of Foreign Affairs of Spain.

ROBERT C. HILL

Ambassador

No. 823

EXCELLENCY:

MADRID, September 25, 1970.

With reference to the Agreement of Friendship and Cooperation between Spain and the United States signed on August 6, 1970, and to the discussions held between representatives of our two Governments regarding the status of members of the armed forces of Spain who, accompanied by their dependents, are posted to the United States for official purposes in connection with the cooperation for defense provided for in Chapter VIII of the aforesaid Agreement, I have the honor to communicate to Your Excellency the following understanding of my Government.

1. Members of the armed forces of Spain, and their dependents, who are residing in the immediate vicinity of Washington, D.C., and are assigned to the Embassy of Spain in Washington for the afcresaid purposes shall, at the request of the Spanish Government, be recognized by the Government of the United States as Spanish diplomatic personnel, and shall enjoy all the privileges and immunities recognized for the diplomatic personnel of the Embassy of Spain of similar rank.

2. In those cases where the recognition of diplomatic status for the persons referred to in paragraph 1 of this note is not requested by the Spanish Government as well as in other cases where members of the armed forces of Spain are posted to the United States for the aforesaid purposes, the appropriate authorities of the United States shall, at the request of the Spanish Government, and to the extent permitted by United States law, give every consideration in individual cases to requests by the Government of Spain for the waiver of United States jurisdiction, and, in this connection, shall, as appropriate, request such waiver by the competent Federal, State, or local authorities in the United States to the Spanish military authorities of jurisdiction with

respect to offenses which are committed by members of the armed forces of Spain within United States territory and punishable under the law of Spain. When such a waiver of jurisdiction is granted, the appropriate Spanish military authorities shall cause such individual to be removed from United States territory. Any trial or imposition of punishment by Spanish authorities will take place outside United States territory.

3. To the extent permitted by United States law and regulations, the Government of the United States shall grant to the personnel referred to in this note the privileges recognized in United States territory for members of the armed forces of other countries with respect to the use of commissaries, medical facilities, recreational organizations, and other similar activities of the armed forces of the United States.

If your Government concurs in the foregoing, I have the honor to propose that this note and Your Excellency's reply note to that effect shall constitute an agreement between our two Governments on this matter.

Accept, Excellency, the assurances of my highest consideration.

ROBERT C. HILL

His Excellency

GREGORIO LOPEZ BRAVO,

Minister of Foreign Affairs

of Spain.

Ambassador

Translation

MADRID, September 25, 1970.

THE MINISTER OF FOREIGN AFFAIRS

EXCELLENCY:

I have the honor to refer to Your excellency's note of this date, the text of which, translated into Spanish, reads as follows:

[For the English language text, see foregoing note]

I wish to inform Your Excellency that the Government of Spain, signifies its agreement that Your Excellency's note and this reply shall constitute an agreement between our two Governments regarding the status of members of the armed forces of Spain who, accompanied by their dependents, are posted to the United States for official purposes in connection with the cooperation for defense provided for in Chapter VIII of the Agreement of Friendship and Cooperation between our two countries.

I avail myself of this opportunity, Mr. Ambassador, to renew to Your Excellency the assurances of my highest consideration. GREGORIO LOPEZ BRAVO

His Excellency

ROBERT C. HILL,

Ambassador of the

United States of America

to Spain.

« ÀÌÀü°è¼Ó »