exercise jurisdiction over United States Personnel in Spain subject to the military law of the United States for the following offenses punishable under such law:

(1) offenses solely against the property or security of the United States, or offenses solely against the person or property of a member of the United States Personnel in Spain;

(2) offenses arising out of any act or omission done in the performance of official duty.

b. The authorities of Spain shall have the primary right to exercise jurisdiction over United States Personnel in Spain in relation to:

(1) offenses, not included within the provisions of subparagraph 3.a.(2) of this Article, solely against the property or security of the Spanish State, or solely against the person or property of Spanish nationals;

(2) any other offense over which the military authorities of the United States do not possess the primary right to exercise jurisdiction under subparagraph 3.a. of this Article.

4. For the appropriate protection of military discipline, whenever a member of the United States Personnel in Spain is prosecuted in Spanish courts, only the courts of ordinary jurisdiction will have competence to try him.

Article XVI

1. When a member of the United States Personnel in Spain other than a dependent is charged with an offense by the Spanish authorities, the military authorities of the United States, if the circumstances warrant, will issue a certificate verifying the fact that the alleged offense arose out of an act or omission done in the performance of official duty. The certificate will be transmitted to the appropriate Spanish authorities, by whom it will be considered sufficient proof of such fact for the purpose of paragraph 3.a.(2) of Article XV of this Agreement, without prejudice to the provisions of paragraph 2 of this Article.

2. In those cases where the appropriate authorities of Spain consider that discussion of a certificate of official duty, issued in accordance with paragraph 1 of this Article, is required, it shall be made the subject of review in the Joint Committee for Politico-Military Administrative Affairs, provided a request for review is received by the Committee within ten days from receipt of the certificate by the Spanish authorities. However, if within the ten day period, the Spanish authorities notify the Committee that for special reasons they wish to consider the matter further, such authorities shall have an additional period of ten days within which to present a request to the Committee for review. The Committee will complete its review expeditiously and in any event within thirty days from the receipt of the request for review.

Article XVII

If the Government having the primary right to exercise jurisdiction under paragraph 3 of Article XV of this Agreement decides not to exercise jurisdiction, it will notify the authorities of the other Government as soon as possible. The authorities of the Government having the primary right shall give sympathetic consideration to a request from the authorities of the other Government for a waiver of its right.

Article XVIII

1. Within the limits of their respective legal powers, the military authorities of the United States and the authorities of Spain shall mutually assist each other in the arrest of members of the United States Personnel in Spain who are in Spanish territory.

2. The authorities of Spain shall immediately notify the military authorities of the United States of the arrest of any member of the United States Personnel in Spain. 3. The custody of a member of the United States Personnel in Spain, who is legally subject to detention by the military authorities of the United States and over whom Spanish jurisdiction is to be exercised, shall be the responsibility of the United States military authorities, at their request, until the conclusion of all judicial proceedings, at which time the member will be delivered to Spanish authorities at their request for execution of the sentence. Nevertheless, at the conclusion of a trial at which the sentence of the court includes confinement for more than one year, the member shall, if ordered by the judge of the court, be delivered to the Spanish authorities for execution of the sentence even if the verdict of the trial is being appealed. During periods of custody by the United States military authorities, those authorities, within the legal powers given them by the military law of the United States, shall give full consideration to the decisions of the competent Spanish authorities

regarding conditions of custody. The United States military authorities shall guarantee his immediate appearance before the competent Spanish authorities in any proceedings that may require his presence and, in any case, his appearance at the trial.

4. In criminal proceedings in Spanish courts against a member of the United States Personnel in Spain who is legally subject to detention by the military authorites of the United States, the following rules will be followed:

a. If the court grants provisional liberty without bail for said member, the guarantees of paragraph 3 of this Article will satisfy the "apud acta" obligation of periodic reporting called for in Spanish laws.

b. If the court decrees provisional confinement without bail or the bail decreed has not been provided, the grant of custody of the member to United States military authorities will imply, in principle, the retention of the member in a military installation in which facilities have been granted to the United States, with restriction of movement and effective vigilance. In such case, if, because of the requirements of United States military law, the nature of the restraint initially imposed or thereafter adopted is other than that decreed by the court, United States military authorities will notify Spanish authorities of the nature of the restraint imposed, without prejudice to the guarantees provided in paragraph 3 of this Article being complied with diligently, and in such cases the decision will rest with the court as to the extent to which such alternate restraint may be credited against any sentence to confinement eventually adjudged.

c. If the court accepts bail from said member, such bail will be considered to replace the guarantees provided in paragraph 3 of this Article.

Article XIX

Confinement imposed by a Spanish court upon a member of the United States Personnel in Spain shall be served in penal institutions agreed upon for that purpose by the Joint Committee for Politico-Military Administrative Affairs. The Spanish authorities fully guarantee to the authorities of the United States the right to visit such persons at any time and to provide them with such material assistance as the authorities of the United States deem appropriate, in accordance with the pertinent Spanish prison regulations.

Article XX

1. The military authorities of the United States and the authorities of Spain shall assist each other in the carrying out of all necessary investigations into offenses, and in the collection and production of evidence, including the seizure and, in proper cases, the delivery of objects connected with an offense. The delivery of such objects may, however, be made subject to their return within the time specified by the authority delivering them.

2. The military authorities of the United States and the authorities of Spain shall assist each other in obtaining the appearance of witnesses necessary for the proceedings conducted by such authorities within Spain.

3. The military authorities of the United States and the authorities of Spain shall notify each other of the disposition, including the sentence if any, of all cases in which there are concurrent rights to exercise jurisdiction.

Article XXI

1. The military authorities of the United States may not carry out a death sentence in Spanish territory.

2. A death sentence imposed upon a member of the United States Personnel in Spain by the Spanish authorities in a case over which Spain exercises jurisdiction under the provisions of this Agreement may be carried out only by a method of execution utilized under both Spanish and United States law.

Article XXII

Where an accused has been tried in accordance with the provisions of this Agreement either by the military authorities of the United States or the authorities of Spain and has been acquitted, or has been convicted and is serving, or has served, his sentence, or his sentence has been remitted or suspended, or he has been pardoned, he may not be tried again for the same offense within the territory of Spain by the authorities of the other State. However, nothing in this Article shall prevent the military authorities of the United States from trying a military member of the United States Personnel in Spain for any violation of rules of discipline arising from an act or omission which constituted an offense for which he was tried by the authorities of Spain.

Article XXIII

Whenever a member of the United States Personnel in Spain is arrested, detained, or otherwise prosecuted by Spanish authorities, in criminal or quasi-criminal (cases of contraband) proceedings, he will be appropriately advised, through an interpreter if required, of the specific charges against him, and of his legal rights. The military authorities of the United States will be advised immediately of his arrest. detention, or prosecution, and he will then be permitted to communicate with a representative of the United States Government, who may be present throughout the investigative and judicial phases of the entire proceedings even in the event such proceedings are held behind closed doors for reasons of public order or morality.

Article XXIV

For the purpose of Articles XXVI and XXVII of this Agreement, the term "civilian employees of the United States Forces" also includes "local labor personnel", within the meaning of Article XXXIII of this Agreement when such personnel are acting in the performance of official duty assigned to them by the United States Forces. This term does not include contractors of the United States and the employees of such contractors, nor does it include other civilian personnel of the United States Forces.

Article XXV

1. Each Government waives all its claims against the other for damages, in Spanish territory, to the properties owned or used by said Government if the damage:

a. was caused by military personnel or civilian employees of the armed forces of the other Government in the performance of official duties; or

b. was caused by use of any vehicles, ship or aircraft owned or utilized by the other Government and used by its armed forces, provided that the vehicle, ship or aircraft causing the damage was being used for official purposes. Each of the two Governments waives all its claims against the other for rescue or salvage, either maritime or aerial, provided that the rescued or salvaged ship, aircraft or cargo was owned by the other Government and used by its armed forces at the time of the incident.

2. Each Government waives all its claims against the other for injury or death suffered by military personnel or civilian employees of its armed forces while the said military personnel or civilian employees were engaged in the performance of official duties.

3. For the purpose of this Article, it is understood that "local labor personnel" shall be considered as civilian employees of the armed forces of the United States.

Article XXVI

1. Military members of the United States Personnel in Spain and civilian employees of the United States Forces shall not be subject to suit before Spanish courts or authorities for claims arising out of acts or omissions attributable to such persons done in the performance of their official duties. Such claims may be presented to the Spanish Military Administration and processed according to the provisions contained in Article XXVII of this Agreement.

2. If it should be necessary to determine the applicability of paragraph 1 of this Article, the military authorities of the United States may issue an official certificate stating that a certain act or omission of a military member of the United States Personnel in Spain or civilian employee of the United States Forces was done in the performance of his official duties. The Spanish authorities will accept such certificate as sufficient proof of the performance of official duty. When in a particular case the Spanish authorities consider that a certificate of official duty requires clarification, it shall be the subject of expeditious review by the Joint Committee for Politico-Military Administrative Affairs.

Article XXVII

Claims, other than contractual claims, for injury or damage in Spain to Spanish persons or property arising out of acts or omissions done in the performance of official duties by military members of the United States Personnel in Spain or civilian employees of the United States Forces, or out of any other act, omission or occurrence for which the United States Armed Forces are legally responsible, and not otherwise satisfied by the United States, shall be dealt with by the Spanish authorities in accordance with the following provisions:

1. Claims for damages shall be presented, processed and decided according to the

rules of Spanish law applicable to claims arising from the activities of the armed forces of Spain.

2. The appropriate Spanish authorities shall decide on the admissibility of the claim and, when the case warrants, the amount of damages to be awarded, and shall pay the amount to the claimant or claimants.

3. A determination of the amount of compensation made by the appropriate Spanish authorities under the provisions of paragraph 2 of this Article, whether decided administratively or determined by court decisions, shall be binding and conclusive upon the Governments of Spain and the United States. The military authorities of the United States, shall be informed through the Joint Committee for Politico-Military Administrative Affairs of the determination in a detailed report giving background data, the legal grounds for the decision, procedures followed, and the decision taken, accompanied by a proposal for the sharing of the sum involved in conformity with the terms of paragraph 4 of this Article.

4. The amount of compensation determined by the appropriate Spanish authorities under the provisions of paragraph 2 of this Article shall be shared between the parties as follows:

a. Where the United States alone is responsible the amount awarded or adjudged shall be shared in the proportion of 25 percent chargeable to the Government of Spain and 75 percent chargeable to the Government of the United States.

b. Where the United States and Spain are jointly responsible for the damage, the amount awarded or adjudged shall be apportioned between them according to their comparative responsibility, but, in any case, no more than 75 percent of the amount shall be chargeable to the United States. Where the damage was caused by the armed forces of the United States or Spain, or jointly, and, because of insufficient evidence, it is not possible to attribute the damage specifically to one of the forces or to apportion the damage between the forces according to their comparative responsibility, the amount awarded or adjudged shall be shared equally between Spain and the United States.

c. The proposed distribution referred to in paragraph 3 of this Article shall be regarded as having been accepted by the military authorities of the United States, unless those authorities within 60 days after receipt of the proposal, request consultations in the Joint Committee for Politico-Military Administrative Affairs, which consultations shall be undertaken expeditiously. If, within 60 days after the request by the military authorities of the United States, such consultations do not result in agreement regarding an appropriate distribution, the matter shall be referred to an arbitrator selected by agreement between the two Governments from among the nationals of Spain who hold or have held high judicial office. The arbitrator shall decide a formula of distribution in accord with the principles of subparagraphs a. and b. above, and his decision shall be binding and conclusive on the two Governments. The compensation of the arbitrator shall be fixed by agreement between the two Governments and shall, together with the necessary expenses incidental to the performance of his duties, be shared equally by them. 5. Every three months a statement of the sums determined by the Spanish authorities in the course of the three-month period in respect of every case regarding which the proposed distribution has been accepted by the military authorities of the United States shall be sent to the appropriate United States authorities together with a request for payment. Such payment shall be made in Spanish currency within the shortest possible time, but not more than 60 days from the receipt of such request for payment.

Article XXVIII

Claims for injury or damage to persons or property in Spain caused by reason of exercises or maneuvers carried out by the United States Forces with the express authorization of the Spanish Government shall be governed by the agreement reached in each case by the authorities of the two Governments.

Article XXIX

The Government of the United States shall require that insurance contracts be effected to cover civil liabilities that may be incurred in Spanish territory as a result of acts or omissions done in the performance of duty by employees of contractors and subcontractors of the United States Forces, or by those members of the United States Personnel in Spain, other than dependents, to whom the provisions of Articles XXVI and XXVII of this Agreement are not applicable. The terms and conditions of such insurance contracts shall be determined in an appropriate procedural annex.

Article XXX

1. Damage or injury caused in Spanish territory to persons or property by acts or omissions of military members of the United States Personnel in Spain or civilian employees of the United States Forces not done in the performance of official duties may, at the election of the claimant, be dealt with by:

a. the prosecution of a suit before a Spanish civil court; or

b. a claim against the Government of the United States, processed through the following procedures:

(1) The claim, addressed to the United States Foreign Claims Commission, will be submitted to the Joint Committee for Politico-Military Administrative Affairs. (2) After having obtained precise information, the Committee will issue a detailed report on the claim submitted and the damages sought;

(3) Within 60 days of receipt by the Committee, the claim, with the report of the Committee, will be transmitted to the Foreign Claims Commission for decision; (4) In making the final decision, the Foreign Claims Commission shall take into account the recommendations of the Joint Committee for Politico-Military Administrative Affairs.

2. The filing of a suit before a Spanish civil court against a military member of the United States Personnel in Spain or civilian employee of the United States Forces will be considered to be the renuniciation of any right of the Spanish Government or of the person filing the suit to compensation by the Government of the United States in accordance with this Article. However, when such a suit is terminated because of the issuance by the military authorities of the United States of the certificate of official duty referred to in paragraph 2 of Article XXVI of this Agreement, a claim may be processed according to the provisions of Article XXVII of this Agreement, if applicable, or according to the provisions of paragraph 1.b. of this Article.

Article XXXI

The compulsory insurance of official motor vehicles of the United States Government and of privately owned vehicles belonging to United States Personnel in Spain shall continue to be regulated by the Agreement of November 30, 1965, as supplemented by the rules agreed on for its implementation dated March 25, 1966, or by any other agreement that may replace it. The aforesaid Agreement and rules, or those that may replace them, shall have prior application with respect to the filing and settlement of claims arising from the operation of the said vehicles in accordance with the provisions of Articles XXVII and XXX of this Agreement.

Article XXXII

The military authorities of the United States shall render all assistance permitted by United States law to secure compliance with judgments, decisions, orders and settlements in connection with civil liabilities established by Spanish courts and authorities.

Procedural Annex XVI

Waiver of Primary Right to Exercise

Criminal Jurisdiction Over

United States Personnel in Spain

1. A request for a waiver of the primary right to exercise jurisdiction, specified in Article XVII of the Agreement in Implementation will be made in accordance with the provisions of this Annex.

2. The request for a waiver of the primary right to exercise jurisdiction shall be presented:

a. by the United States, no later than 15 days after the military authorities of the United States have been notified of the initiation of proceedings by the appropriate Spanish authorities;

b. by Spain, no later than 15 days after the military authorities of the United States, having been notified that a member of the United States Personnel in Spain has been charged by Spanish authorities, assert their primary right to exercise jurisdiction pursuant to paragraph 3a of Article XV of the Agreement in Implementation.

3. A request for a waiver of the primary right to exercise jurisdiction shall be decided, and the requesting authorities notified of the decision, within thirty days of the receipt of the request. If such notification is not given within the indicated time period the request will be considered granted.

4. In the cases when in application of the provisions of Article XVII of the Agreement in Implementation Spain waives its primary right to exercise jurisdiction in favor of the United States military authorities, the following provisions shall be observed: