SPAIN Defense: Use of Military Facilities in Spain Agreement implementing chapter VIII of the agreement of friendship and cooperation of August 6, 1970. Signed at Madrid September 25, 1970; With procedural annexes I through XIII[1] and exchanges of notes. AGREEMENT IN IMPLEMENTATION OF CHAPTER VIII OF THE AGREEMENT OF FRIENDSHIP AND COOPERATION BETWEEN THE UNITED STATES OF AMERICA AND SPAIN SIGNED AUGUST 6, 1970 PREAMBLE For the purpose of implementing Chapter VIII of the Agreement of Friendship and Cooperation between the United States of America and Spain dated August 6, 1970, [2] (hereinafter referred to as "the Agreement"), it has been agreed as follows: DEFINITIONS For the purpose of this Agreement, the terms used herein and in the Procedural 1. Facilities. This term means lands and constructions within Spanish military installations. 1 It is anticipated that additional procedural annexes will be negotiated. 'TIAS 6924; 21 UST 1677. 2. United States Personnel in Spain. This term means anyone included in any of the following three categories of personnel: a. Members of the United States Forces. This term means: (1) Military Personnel. This term means personnel belonging to the land, sea or air armed forces of the United States who are permanently or temporarily assigned to Spain by military orders for the performance of official duties, in accordance with Chapter VIII of the Agreement and within the force levels established by agreement with the Spanish Government. (2) Civilian Employees. This term means non-military personnel who are nationals of or ordinarily resident in the United States and who are employed in Spain by the United States Forces, whether paid from appropriated or nonappropriated funds. (3) Other Civilian Personnel. This term means employees of a nonSpanish and noncommercial organization hereinafter listed, or hereafter agreed upon by the Joint Committee, who are nationals of or ordinarily resident in the United States and who, solely for the purpose of contributing to the welfare, morale or education of the United States Forces, are accompanying those Forces in Spain. These organizations shall include: (a) American Red Cross; (b) University of Maryland; (c) University of Southern California; and (d) United Services Organization. (4) Dependents. This term means members of the families of personnel included in paragraphs (1), (2) and (3) above, who depend upon such persons for their support and who are in Spain,' and, in any case, children in Spain of such persons. the spouse and minor This term means personnel b. Personnel Engaged in Exercises or Maneuvers. belonging to the land, sea or air armed forces of the United States who are temporarily in Spain for the purpose of engaging in military exercises or maneuvers authorized in advance by the Spanish Government. c. Members of Visiting Units. This term means the personnel of the land, sea or air armed forces of the United States who temporarily enter Spain aboard vessels or aircraft, belonging to or chartered wholly by such forces, which are in Spanish territory on visits or for the purpose of providing logistic support to or receiving logistic support from the United States Forces. 3. Military Unit. This term means an operational, logistic or administrative command or element thereof of the land, sea or air armed forces of the United States which: a. In accordance with Chapter VIII of the Agreement, is stationed in Spain either for the purpose of maintaining a facility used by the United States Forces in a Spanish military installation or for operations, training, or other military activities, including on a rotational basis, within the specific levels agreed upon; or, b. Although not included in the preceding subparagraph, uses such a facility, in accordance with Chapter VIII of the Agreement, for authorized military purposes. 4. Joint Committee. This term means the Joint Committee on defense matters established by Article 36 of the Agreement. SECTION I ADMINISTRATIVE AND MILITARY MATTERS ARTICLE I 1. In conformity with the provisions of Article 32 of the Agreement, the Government of Spain has authorized the Government of the United States to use and maintain, for military purposes, certain facilities in Spanish military installations, as agreed between the two Governments. 2. The United States Forces are authorized to lease premises for housing and offices, and to contract the necessary services therefor. Any other lease or service contract with private persons required for the logistic support of the United States Forces in Spain must be authorized by the Joint Committee. The premises or services covered by these leases or contracts shall not be considered as military installations or facilities for the purpose of this Section. 3. It is agreed that the United States Forces will not introduce and store in Spain any toxic chemical munitions, asphyxiant or toxic chemical agents of warfare, biological means of warfare, and toxin weapons or toxin agents of either biological or chemical origin. ARTICLE II 1. Major works and constructions, substantial installations of new equipment, and significant changes in the manner or degree of facilities usage by the United States Forces will be reviewed and agreed upon pursuant to the provisions of Articles 32 and 33(e) of the Agreement. 2. The costs of the activities referred to in the preceding paragraph will be to the account of the Government of the United States except when the two Governments agree otherwise. ARTICLE III The costs of training, service, materiel, and supplies required for the exercise of the functions authorized in Spanish military installations by Article 32 of the Agreement shall be shared by the two Governments in proportion to the activities carried on by each party. ARTICLE IV Pursuant to the provisions of Article 33(a) of the Agreement, the Spanish Government assumes the obligation of adopting security measures to ensure the exercise of the functions referred to in Article 32 of the Agreement and the Government of the United States will be responsible for the necessary supervision and protection of its personnel, equipment, and materiel. The security measures which each Government shall adopt to carry out the provisions of this Article, and of the appropriate Procedural Annexes, will be determined in each case by the appropriate Spanish or United States military authorities, pursuant to procedures established by the Joint Committee. ARTICLE V At each Spanish military installation in which the United States Forces are granted facilities, the appropriate military authorities of Spain and the United States will establish rules governing maintenance, administration, traffic and similar matters of mutual interest. These rules will conform to general coordinating guidelines and review procedures issued by the Joint Committee. ARTICLE VI 1. When, in accordance with the provisions of Article 33(c) of the Agreement, the Government of the United States plans a substantial removal of its equipment from a Spanish military installation, the Joint Committee, at the proposal of the military authorities of either of the two countries, will consult regarding the removal. Should the Joint Committee determine that such removal would bring about adverse security consequences and is unable to resolve the matter, the two Governments will consult immediately with respect to appropriate measures. |