TEXT OF AGREEMENT ON DEFENSE COOPERATION BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF SPAIN
PREAMBLE
The United States of America and the Kingdom of Spain, States party to the North Atlantic Treaty;
United by the common ideal of respect for the principles of democracy, personal freedom and the rule of law;
Reaffirm their faith in the aims and principles of the charter of the United Nations and their desire to
live in peace with all peoples and all governments;
Recognize that the security and full territorial integrity of Spain and the United States of America
contribute to maintaining the peace and security of the West;
Affirm that their defense cooperation is based on full respect for the equal sovereignty of each country,
and involves mutual obligations and a fair distribution of defense burdens;
And resolved to maintain that defense cooperation in the bilateral
framework and in the framework of their participation in the Atlantic Alliance
and guided by the aims and objectives of the Joint Declaration by both countries
of January 11, 2001;
Agree as follows:
CHAPTER I: GENERAL PROVISIONS
ARTICLE ONE
1. The Parties shall maintain and develop their Defense Cooperation bilaterally and in the framework of the
North Atlantic Treaty, in pursuit of the principles and objectives set forth in the Preamble of this
Agreement on Defense Cooperation.
2. To this end, both Parties shall promote their cooperation in the common defense and shall inform each
other, as necessary, of the actions which they may take for the attainment of these objectives and
shall consult together on others which they may adopt, jointly or separately, to the same end.
ARTICLE TWO
1. Both Parties reaffirm that the
maintenance of their respective security and full territorial integrity and the
continuation of a strong defense relationship between them serve their common
interest, contribute to the defense of the West, and assist in the maintenance
and development of their individual and collective capacity to resist armed
attack.
2. To this end, Spain grants to the
United States of America the use of operational and support installations and
grants authorizations for use of Spanish territory, territorial sea and airspace
for purposes within the bilateral or multilateral scope of this Agreement. Any
use beyond these purposes will require the prior authorization of the Government
of Spain. The foregoing authorizations shall be carried out in accordance with
Chapters II and III of this Agreement.
3. The Parties recognize the importance of
maintaining military education, training and exchange programs for the
instruction of armed forces personnel, under the terms agreed by the competent
bodies of both Parties. Exchanges in the field of military intelligence shall
also be promoted.
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ARTICLE THREE
The Parties recognize the importance of defense industrial and technological cooperation in
strengthening the common defense. They shall strive to improve this bilateral
cooperation between their governments and their defense companies, and to take
steps toward achieving a more integrated and stronger industrial base.
To this effect the Parties have agreed to a Declaration of Principles for Enhanced Cooperation in Matters of
Defense Equipment and Industry.
The Parties shall continue their joint endeavors focusing on fostering
continuous growth of their armaments cooperation relationship in such areas as
information exchange; engineer and scientist exchange; cooperative development,
production and logistics support; and on facilitating stronger transatlantic
industrial cooperation. Efforts shall be made to further strengthen the common
defense and promote identification and pursuit of additional
government-to-government cooperative opportunities in defense related research
and development.
The implementation of this cooperation shall be reported to the Bilateral High Level Defense Committee.
ARTICLE FOUR
The status of the members of the force, the civilian component, and accompanying
dependents, of each of the Parties when in the territory of the other Party in
connection with their official duties, shall be regulated by the provisions of
the NATO Status of Forces Agreement and Chapters IV and V of this Agreement.
ARTICLE FIVE
The exchange of information relating to equipment or documents connected with the implementation of
this Agreement, shall be consistent with the agreement on the security of classified information in force.
ARTICLE SIX
1. A Bilateral High Level Defense Committee, chaired by the
Secretary of Defense of the United States and by the Minister of Defense of
Spain, or by their high-level officers to whom they delegate is hereby
established as a body for political consultations between the two countries in
the field of defense and to foster the development of this Agreement. The
Committee shall meet on a regular basis.
2. Representatives of the Joint Staffs of Spain and the United
States shall meet periodically and be in contact with one another as necessary
to achieve greater effectiveness in military cooperation.
ARTICLE SEVEN
A Permanent Committee is created to ensure the necessary coordination between the
Parties in the implementation of this Agreement and to examine and resolve, as
appropriate, such issues as may arise, in the respective countries, as a result
of its application and that cannot be resolved within the competence of the
United States and Spanish authorities directly concerned.
The Permanent Committee consists of two Sections, Spanish
and United States, chaired by representatives of the respective departments of
defense and shall include vice chairmanship designated by the Spanish Ministry
of Foreign Affairs and the U.S. Department of State respectively. Its
organization and operation shall be developed with a view to dealing effectively
and expeditiously with the problems that may arise and to promote defense
cooperation in the matters within its competence to which this Agreement refers.
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ARTICLE EIGHT
1. Pursuant to the provisions of Article Two of this Agreement, Spain grants to the United States,
for military purposes, the use and maintenance of operational and support installations
(hereinafter known as IDAs) in the bases listed in Annex 2. Such use and
maintenance shall be carried out in accordance with the provisions of Chapter II
of this Agreement.
2. Also pursuant to the provisions of Article Two, Spain grants to the United States, for military purposes,
in accordance with Chapter III and Annexes 3, 4 and 5 of this Agreement,
authorizations for use of Spanish territory, territorial sea and airspace as
well as other Spanish installations.
3. The general description and the purposes of the IDAs existing at the bases are set forth in Annex 2 of
this Agreement. Creating new IDAs consistent with this description and these purposes
may be authorized by Spanish authorities at the request of United States forces
after consultations at the Permanent Committee. The Permanent Committee shall
maintain an up-to-date inventory of the lands or constructions that constitute
these IDAs, specifying the functions of each.
4. Environmental Protection. The Parties confirm their mutual commitment to
ensuring environmental protection and conservation.
ARTICLE NINE
1. The Spanish Government assumes the obligation to adopt security measures that guarantee the exercise
of the functions cited in the preceding article, consistent with the relevant
provisions of Chapter II of this Agreement.
2. The competent authorities of both countries may establish rules governing applicable force protection
measures and security procedures.
ARTICLE TEN
The Parties shall agree on the maximum force
levels which the United States Government is authorized to station in Spain.
The United States authorities shall periodically inform the Spanish authorities
of the units and personnel actually in Spain. These requirements shall be
carried out in accordance with the provisions of Chapter II of this Agreement.
ARTICLE ELEVEN
1. The storage of ammunition and explosives shall be in accordance with the provisions of Chapter
II of this Agreement.
2. The installation, storage or introduction in Spanish territory of nuclear or non-conventional weapons or
their components will be subject to the agreement of the Spanish Government.
ARTICLE TWELVE
1. In case of external threat or attack against either Party acting in accordance with the purposes mentioned
in Article Two, paragraph 2 of this Agreement, the time and manner of use of the
IDAs and authorizations referred to in Chapters II and III of this Agreement
shall be the subject of urgent consultations between the two Governments and
shall be determined by mutual agreement, without prejudice to either Party's
inherent right to direct and immediate self-defense.
2. The Spanish Government and the Government of the United States shall conclude agreements on the use, in
time of crisis or war, of Spanish installations, territory, territorial sea and airspace by the
United States in support of NATO contingency plans.
ARTICLE THIRTEEN
The United States and Spanish authorities shall
cooperate and provide all practicable assistance in peacekeeping and
humanitarian assistance operations, in accordance with the domestic laws and
regulations of the United States and Spain, respectively.
ARTICLE FOURTEEN
1. In the event of the withdrawal of the United States forces pursuant to Article Sixty-Nine of this Agreement,
such withdrawal will be accomplished in accordance with the applicable provisions of
Chapter II of this Agreement.
2. Upon written notification of termination pursuant to Article Sixty-Nine of this Agreement, the Parties
shall consult in accordance with Chapter II in order for the Spanish Armed Forces to
make the necessary plans to avoid negative impact on their activities, taking
into account any removable property which the United States forces intend to
offer for disposal in Spain.
ARTICLE FIFTEEN
The Parties recognize that nothing in this
Agreement shall be in derogation of Spain's inherent right in accordance with
international law to take necessary measures to safeguard its national security
in emergency situations.
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CHAPTER II - OPERATIONAL AND SUPPORT INSTALLATIONS
ARTICLE SIXTEEN
1. The bases listed in Annex 2 of this Agreement shall be under Spanish command. Only the Spanish flag and
command insignia shall be flown over these bases.
The internal administration of each base will, as regards the bilateral relationship, be determined by
rules and procedures mutually agreed by the Commander of the Base and the Commander of the United
States forces. These rules and procedures and subsequent modifications shall be
submitted to the Permanent Committee which may disapprove or direct changes to
them.
2. All the IDAs used by the United States forces in these bases shall be under the responsibility of a
Commander of the United States forces at each base who shall exercise command and control
over those forces, including their equipment, materiel, and the premises
exclusively used by them.
3. The Commander of the base and the
Commander of the United States forces stationed thereon shall, in direct
contact, ensure that necessary contacts are maintained at the appropriate level,
and that specific coordination is established, for compliance with the
provisions of this Agreement.
4. The Commander of the base, or a
deputy designated by him, shall have access to all IDAs. The Commander of the
United States forces shall keep the Commander of the base informed of the areas
within the IDAs where cryptographic or other classified equipment and
information is located. Access to these areas will be in accordance with
procedures as may be agreed.
5. The Commander of the Base shall be informed
annually of the types of equipment and materiel, and the types and quantities of
weapons maintained at each IDA, and shall be informed of substantial changes in
such types or quantities.
6. Without prejudice to the
provisions of paragraph 2 of this Article, the Commander of the base shall be
responsible for:
6.1 Establishment of general regulations of the base.
6.2 Dealing with local Spanish authorities and appropriate public or private institutions on official
matters related to the presence of the United States forces on the base
following consultations, as may be necessary, with the Commander of those
forces.
6.3 The establishment of security measures in accordance with Article Seventeen.
7. The Spanish Armed Forces shall be
responsible for rendering military honors. However, they may be rendered
jointly when the Commander of the base and the Commander of the United States
forces agree to do so, in accordance with the procedures established by the
Permanent Committee.
ARTICLE SEVENTEEN
1. Consistent with the provisions of Article Sixteen, the security of each base shall be the responsibility
of the Commander of the each base.
2. In accordance with Article Sixteen, paragraph 2, the commander of the United States forces shall be
responsible for the internal security requirements of his personnel, equipment,
materiel, and premises exclusively used by those forces. The provisions adopted
shall be consistent with the security measures established by the Commander of
the base. The Commander of the United States forces may authorize appropriate
personnel to carry arms subject to Spanish authorization under the terms to be
established in the mutually agreed rules and procedures for the base.
3. The general rules cited in Article Sixteen, paragraph 6.1 shall establish procedures to facilitate the
entry and exit of authorized persons and their vehicles. Independently of those
which may be issued through the Permanent Committee or the Commander of the
base, five categories of authorizations shall exist, covering the following
personnel:
3.1 Persons authorized access by reason of their position. They are members of the force, the civilian
component, and the dependents of both who possess appropriate documentation
proving such status. Such documentation shall be valid for entry to and exit
from all bases specified in Annex 2 of this Agreement.
3.2 Persons with authorized access owing to their activity on the base who are in possession of
an identification card issued by the Commander of the base for the duration of
such activity as requested by the Commander of the United States forces.
3.3 Persons with temporary authorized access to residential, social, and recreational areas, at the request
of the Commander of the United States forces or of the members of the force or
of the civilian component, including the retired members of the United States
forces and their dependents residing in Spain.
3.4 Other members of the United States armed forces, civilian employees thereof and dependents of the
foregoing for access to authorized transportation on aircraft operated by or for
the United States forces. To make use of this authorization of occasional
access it will be sufficient to show the corresponding U.S. identity document.
4. The Commander of the United States forces shall make qualified personnel available to the Commander of
each base to facilitate the identification, entry, and exit of United States
personnel and vehicles and to conduct any required search of such personnel and
vehicles at access control points.
5. The Commander of the base and the Commander of the United States forces may conclude agreements for
the prevention and extinction of fires, maintenance of suitable health and sanitation
conditions on the base, and cooperation in time of publish disaster.
6. The United States Naval Criminal Investigative Service (NCIS) and the United States Air Force Office of
Special Investigations (OSI) may maintain personnel in Spain to act jointly with
their counterparts of Spanish State Security and intelligence services on
matters of mutual interest and to conduct criminal investigations involving
United States personnel or property. The competent authorities of both
countries shall establish regulations for the activities in Spain of NCIS and
OSI.
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ARTICLE EIGHTEEN
1. Intelligence of Spanish interest obtained in IDAs dedicated to intelligence collection shall be shared in a
useful and timely manner. When the Spanish authorities consider it appropriate,
Spanish personnel, consistent with Article Sixteen, paragraph 4 may participate
jointly with United States personnel in such IDAs.
2. The modalities of the participation referred to in Article Eighteen, paragraph 1 and procedures for
the sharing of finished intelligence shall be specified in agreements mutually
decided. Likewise, Spanish liaison officers may be assigned between United
States and Spanish commands when both Parties agree.
3. At the initiative of the Spanish authorities, consultations will be arranged with United States
authorities to determine the possibility of Spanish participation in the
operation of other IDAs. The modalities of such participation, including
training, shall be specified in agreements mutually decided.
4. In response to requests by the United States forces through the Permanent Committee, it will be
the responsibility of the Spanish authorities to provide for:
4.1 Authorization for significant changes in the purpose or method of IDA usage as well as for the
installation of major items of new equipment which would result in a significant
increase in the capability of an IDA.
4.2 Approval of the arrangements for entry and visits to the bases by dignitaries and officials of
the United States who do not have direct authority over the United States forces
stationed in Spain.
4.3 Establishment of rules for access to bases by personnel of third-country military forces aboard
ships or aircraft of the United States forces.
4.4 Authorization for the entry to the bases of third-country persons not included in paragraph 4.3 of
this Article.
5. As an exception, and upon the duly explanatory and detailed request in the Permanent Committee by
the United States forces, the Government of Spain may authorize temporary
increases over the total level of forces agreed for each base, as well as
changes in the nature of said forces.
Increases within the total levels specified for each base do not require the authorization of the
Spanish Government.
The Commander of the United States forces shall keep the Commander of the base informed of the
significant changes which are going to occur in the actual force levels and
shall inform him, with the frequency established, of minor variations which have
occurred.
A mutually agreed standard operating procedure shall establish the procedures for the
implementation of the preceding paragraph.
ARTICLE NINETEEN
1. The United States forces may remove demountable structures, equipment, and other removable
property from the IDAs at any time, leaving the grounds in serviceable
condition. If such removal were to significantly affect the capability of the
IDA, consultations shall be established for the reclassification of the IDA or
for its possible turnover to the Spanish government. In either case, the
participation of the PC is required in order to comply with the provisions of
Article Eight, paragraph 1 and Article Eighteen, paragraph 3 of this Agreement.
2. When United States forces foresee a prolonged suspension or the termination of activity of an IDA or a
substantial withdrawal of major items of equipment, the appropriate Spanish
military authorities shall be notified. Vacating an IDA with no plans for future
use shall entitle the Spanish Government to recover it.
When a reduction in capabilities could significantly affect the activities of the Spanish armed forces,
consultations on the matter shall be held between the corresponding military
authorities of both sides. Either party may initiate such consultations.
In anticipation of these situations and in order to ensure continuity in the operation of the cases and
establishments, agreements will be established for participation by Spanish
personnel in the operation of such IDA's as are determined.
Such agreements shall establish the modalities of participation and training of designated Spanish personnel.
3. Upon expiration of the Agreement or when the United States terminates the use of an IDA, it shall
be turned over to the Spanish Government through the Permanent Committee and
removed from the inventory in accordance with the following arrangements:
3.1 Permanent constructions or buildings shall be returned in serviceable condition,
including the energy and water production and distribution systems and heating
and air conditioning systems that are an integral part of the buildings, as well
as the fuel pipes and tanks that are a pact of said systems, provided the
Government of the United States shall incur no additional expense thereby.
3.2 The Permanent Committee shall be the body responsible for ensuring that the return is carried
out under the conditions set forth in the preceding paragraph, for which purpose
it shall designate a bilateral working group from its personnel to monitor the
turnover process from the time of notification of the intent to terminate the
usage of the corresponding installation until its completion.
3.3 The completion of the process of transferring permanent constructions or buildings in accordance
with paragraph 3.1 shall be certified by the Commander of the base and the
Commander of the United States forces at the base.
4. The Spanish authorities shall have the right of first purchase of any equipment, materiel, removable
structure, or supplies that the United States forces consider excess of IDA
stocks and plan to dispose of in Spain. Rules shall be established through the
Permanent Committee to facilitate such disposal for the United States forces and
the exercise of the Spanish Authorities’ right of first refusal.
ARTICLE TWENTY
1. The functioning and maintenance of general services and installations of the base, and the
management of provisioning for these services and installations shall be the
responsibility of the Commander of the base, who shall assure to the United
States forces the availability-of these services and installations under
conditions which guarantee the operations of United States units. To discharge
this responsibility and promptly and effectively resolve any contingency, the
Commander of the base will seek the collaboration of the United States forces.
The general services and installations of a base are those which characterize it
as such and are essential to the operability of the units.
United States forces may operate
and maintain those services and parts of the general services and installations
of the base exclusively used by the United States forces.
The above provisions shall be implemented for each base by an MOU mutually agreed upon in the Permanent
Committee.
2. The Commander of the base shall establish the necessary provisions so that the Commander of the
United States forces has timely information regarding any foreseeable change in
the system of provision of the services or in the normal carrying out of
activities of the base. Furthermore, the Commander of the United States forces
shall inform the Commander of the base of any problem which in his view has
arisen or which he foresees may arise in providing said
services. These matters will be the subject of prior consultations for their
resolution and those which cannot be resolved at this level shall be the subject
of urgent consideration in the Permanent Committee.
3. Each Party shall bear the costs of operation and maintenance of services and installations, or
parts thereof, referred to in paragraph 1 of this Article which it uses
exclusively, as well as the identifiable direct costs for its use of jointly
used installations and general services of the base. The general costs of
utilization and maintenance of jointly used installations and general services
of the base shall be shared by both Parties on a proportional basis in
accordance with the service provided to each Party. The parties will enter
into written agreements regarding the sharing of the costs which will be
submitted to the Permanent Committee for approval.
4. To ensure adequate protection for the environment and public health, the military authorities of
both countries shall collaborate with a view toward meeting the legal standards
applicable to bases of the Spanish armed forces, in particular those relating to
hazardous, pollutant, and toxic substances. The Commander of the base shall
inform the Commander of the United States forces of such standards. When
United States authorities request authorization from the Spanish Government for
a significant new IDA, activity, or modification to those now existing, they
shall specify impacts on the health and environment, if any, as well as
corrective measures, and contingency measures for accidents.
5. The United States forces may maintain, operate, and use sanitary, commissary, service exchange,
messing, social, sport, and recreational facilities on the bases as established
in this Chapter and in Chapter IV of this Agreement.
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ARTICLE TWENTY-ONE
1. Construction by the United States forces that alters the useful volume or external form of an
IDA shall require prior authorization solicited through the Commander of the
base.
2. If the work in question is considered of great importance by the Spanish authorities, the
decision they make shall be communicated to the United States authorities
through the Permanent Committee.
3. The provisions agreed to for each base shall ensure that maintenance projects by one Party
which could affect the activities of the other Party are coordinated at the
appropriate level, sufficiently in advance of initiation of the execution. The
Commander of the base shall be responsible for the coordination of the
maintenance plans or projects of both Parties, so that their activities are not
adversely affected.
ARTICLE TWENTY-TWO
1. The Government of the United States may assign in Spain military units and members of the force
and civilian component necessary for the use and maintenance of the IDAs and to
carry out the activities authorized by this agreement, within the force level
established by Annex 2. Members of the forces and civilian component may be
accompanied by their dependents. The force level shall specify:
1.1 Location and type of principal military units permanently assigned or on rotation in Spain,
including the type and maximum number of authorized aircraft and a general
description of their principal activities.
The Permanent Committee shall maintain an up-to-date list of the location and type of principal
military units permanently assigned or on rotation in Spain, with an indication of their
missions, including the type and maximum number of authorized aircraft.
1.2 The maximum number of members of the force and civilian component which may be permanently assigned
or on rotation at each of the bases listed in Annex 2. A breakdown of the
maximum number of members of the force and civilian component that may form part
of each type unit indicated in the authorized force level for each base shall be
maintained in the Permanent Committee.
2. The appropriate United States authority shall submit quarterly to the Permanent Committee an updated
report of the units and personnel permanently assigned in Spain, including their
dependents. The Permanent Committee shall submit copies of such reports, in
pertinent part, to the Commander of the corresponding base.
3. The Government of the United
States may also assign members of the force and civilian component to Spain on a
temporary basis in connection with their official duties within the levels
established in Annex 2, periodically reporting to the Permanent Committee.
4. The United States forces may bring into Spanish territory limited numbers of personnel of third
countries with respired specialized skills not readily available in Spain,
solely for employment by the United States forces or their
contractors subject to the right of Spanish authorities to determine eligibility
for entrance into Spain. A request for this purpose, with the appropriate
reasons therefor, shall be submitted to through the Permanent Committee.
The appropriate United States
authorities shall provide quarterly to the Permanent Committee and to the
Commander of the base involved a listing of the names of the third-country
personnel rendering services through appropriated or non-appropriated funded
activities to the United States forces in Spain, indicating their activity and
the IDA where assigned.
ARTICLE TWENTY-THREE
1. The United States forces may store and maintain ammunition and explosives in the IDAs designated
for this purpose at the bases listed in Annex 2.
2. Authorization for any substantial increase or change in the nature of ammunition normally stored
in an IDA shall be processed through the Permanent Committee.
3. For safety reasons, criteria for storage of ammunition and explosives at IDAs designated
for this purpose shall be no less stringent than those applicable to the Spanish
Armed Forces under regulations in force.
4. In the general plans for bases where IDAs of the aforementioned type are located, appropriate
safety areas shall be specified, even when such areas exceed the perimeters of
the base. In these safety areas, the provisions of existing Spanish legislation
shall apply.
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CHAPTER III - AUTHORIZATIONS
ARTICLE TWENTY-FOUR
1. The Parties reaffirm that the Agreement on Defense Cooperation has been concluded in
recognition of Spain's full sovereignty and control over its territory and
airspace. Consequently, the authorizations established in this chapter will be
applied in conformity with those principles of sovereignty and control.
2. Such authorizations shall be applicable exclusively to activities for purposes within
the scope of Article Two, paragraph 2 of this Agreement.
ARTICLE TWENTY-FIVE
1. Aircraft of the United States forces which are deployed in Spain, permanently or on rotation,
within the. agreed force level, may overfly, enter and exit Spanish air space,
and use the bases specified in Annex 2 of this Agreement, with no other
requirement than compliance with Spanish air traffic regulations. In order to
use other bases, military airdromes and airports, the corresponding
authorization shall be requested through the Permanent Committee at least 48
hours in advance.
2. Aircraft flying logistics missions, operated by or for the United States forces, other
than those in paragraph 1, not carrying VIPs, HAZMAT or cargo or passengers that
might be controversial to Spain may overfly, enter or exit Spanish airspace and
use the bases specified in Annex 2 on quarterly blanket overflight clearances
authorized by the Permanent Committee.
3. Other United States aircraft operated by or for the United States forces not included in the preceding
paragraphs may be authorized to overfly Spanish airspace and use the bases
specified in Annex 2 as well as other Spanish bases, airfields and airports,
requesting authorization through the Permanent Committee at least 48 hours in
advance.
4. The competent Spanish authorities may, when circumstances warrant, reduce the requirements
established in the preceding paragraphs of this Article.
5. In situations referred to in Article Twelve of this Agreement as well as to carry out flights
whose purposes go beyond those mentioned in Article Two, paragraph 2 of this
Agreement, United States aircraft operated by or for the United States forces
may enjoy the privileges cited in paragraph 1 of this Article through prior
authorization of the Spanish Government.
6. To make use of the authorizations cited in the preceding Articles, military aircraft crews must be
members of the United States forces unless previously authorized through the Permanent Committee.
7. In case of in-flight emergency, United States aircraft operated by or for the United States forces
are authorized to use any Spanish military or civilian airport.
8. Any problems which may arise regarding the applicability of any of the preceding provisions to particular
missions shall be referred to the Permanent Committee which may establish an
operational procedure.
9. The authorities of the United States shall grant to the Spanish forces aircraft and Spanish State
aircraft with destination to or overflying the territory of the United States an
annual blanket clearance.
ARTICLE TWENTY-SIX
1. All movements in Spanish airspace of aircraft of the United States forces shall be conducted in
accordance with duly cleared flight plans and shall be governed by the rules and
procedures of the Spanish regulations on General Air Traffic and Operational Air
Traffic.
2. Flights under VFR (Visual Flight Rules) conditions or which may pose a special risk to the population
shall not be conducted without express authorization of the Spanish authorities.
3. The military control towers will be under the command of a Spanish flight officer. In those
towers where coordination of control of aircraft of the United States forces is
necessary, one or several United States controllers will be present, who shall
have adequate knowledge of the Spanish language to communicate without
difficulty with Spanish controllers and assist the Spanish chief controller in
his task.
ARTICLE TWENTY-SEVEN
1. Aircraft of the United States forces permanently assigned or on rotation in Spain and air units
of the Sixth Fleet shall be authorized to use, for their training, certain
airspace, air-to-air and air-to-ground ranges of those reserved for these
purposes for the Spanish air forces under terms similar to those established for
such forces, and in accordance with programs prepared annually by Spanish
authorities, taking into account the needs of the United States forces in
Spain. Spain shall consider additional requests for airspace and installations
for training as submitted by the United States forces.
2. Airspace for training shall be carefully demarcated with respect to area as well as the
flight levels and schedule to be used. The use of this airspace will be
subject to the safety and flow of both civil and military air traffic.
3. Training flights shall be conducted in conformity with the regulations and procedures established by the
Spanish regulations on General Air Traffic and Operational Air Traffic.
4. To implement the annual programs, the necessary coordination shall be carried out between the
appropriate Spanish and United States forces to: establish range schedules for
the United States forces; periodically refine them; establish procedures for
the most efficient utilization of the ranges; and determine the personnel and
materiel to be furnished by each.
5. When the ranges have a control tower, it shall always be under the direction of a Spanish Range
Officer. When the United States forces are training, however, a Range Safety
Officer of the United States shall be in the control tower to direct the
movement of its aircraft exclusively within the range.
6. Expenses incurred by the utilization of ranges will be distributed in accordance with the rules
for such purposes to be adopted through the Permanent Committee.
ARTICLE TWENTY-EIGHT
The conduct of exercises by United States forces in other areas of Spain shall be subject to the
authorization of Spanish authorities in each case, solicited through the
Permanent Committee.
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ARTICLE TWENTY-NINE
1. In case of accidents occurring to aircraft of the United States Forces in Spanish territory,
Spanish and United States authorities will cooperate in the adoption of rescue
measures.
2. In cases of accidents in Spanish territory involving aircraft operated by United States forces, an
investigation of aircraft accidents shall be carried out in accordance with
Spanish legislation and an independent accident safety investigation shall be
conducted in accordance with the provisions of NATO Standardization Agreement
3531.
3. The external security of the damaged aircraft will be the responsibility of the Spanish
authorities. For this purpose, the armed forces and state security forces will
be responsible for the protection of the wreckage and security of the area.
However, United States forces, if first in the area, may assume the protection
of the wreckage pending arrival of said Spanish forces.
4. The removal of the damaged aircraft and its technical equipment shall be the responsibility of the
United States which shall bear the cost of such removal. Economic compensation
for damage produced in the area of the accident will be regulated in accordance
with the provisions of Article VIII of the Agreement between the Parties to the
North Atlantic Treaty regarding the Status of Forces.
ARTICLE THIRTY
United States and Spanish authorities shall cooperate in and provide all possible assistance in search and
rescue operations.
ARTICLE THIRTY-ONE
1. The use of the port at Rota Naval Base shall be in accordance with rules developed by the
Commanding Admiral of the base in collaboration with the Commander of the United
States Forces at the base. Such rules shall be consistent with Chapter II and
Annex 3 of his Agreement and shall contain:
1.1 Procedures concerning warships, including arrival notification, priority for entrance and
docking, and others as may be deemed necessary.
1.2 Procedures concerning merchant ships, including those in paragraph 1.1, as well as piloting,
towing, mooring, sanitation, pratique, cargo manifest, customs, and other measures necessary to avoid
possible interference, incompatibility, port congestion, and accident risks.
2. When the needs of the United States are such that they require the entrance into Rota Naval Base
by vessels not included among those defined as "vessels of the United States forces",
they shall request authorization from Spanish
authorities through the Permanent Committee, specifying the reasons for such entrance.
3. Consistent with Article Two, paragraph 2 of this Agreement, appropriate agreements regarding
navigational safety for submerged vessels shall be mutually agreed between the
respective authorities of the United States Navy and the Spanish Navy.
ARTICLE THIRTY-TWO
1. For operations of loading and unloading ammunition and explosives at sites expressly designated
for that purpose as well as for their land, sea or air transport within Spanish
territory, United States forces will request authorization from Spanish
authorities through the Permanent Committee, unless such operations will take
place entirely within the bases listed in Annex 2 of this Agreement. Each
request will be made as far in advance as possible, but at least seven days
prior to the start of these operations. Each request will specify:
1.1 Loading or unloading site, and point of destination;
1.2 Requested anchorage or pier;
1.3 Expected date and time of arrival;
1.4 Identification of ship and draft, or of the corresponding mode of transport:
1.5 Expected duration of loading or off-loading;
1.6 Description and amount of ammunition or explosive material to be loaded, off-loaded, or transported;
1.7 Proposed means of transport for the movement of the ammunition;
1.8 Safety measures to be followed in loading, off-loading, and transporting.
2. Once the conduct of the operations described above has been authorized, the Permanent Committee
shall simultaneously notify the appropriate United States and Spanish authorities.
2.1 The Spanish authorities shall be responsible for external safety procedures and shall
determine the control measures that are necessary during such loading, off-loading,
and transportation operations;
2.2 During loading and off-loading operations, as well as transportation to storage areas, safety
regulations established in the corresponding Spanish military regulations in
force shall, as a minimum, be applied, as well as those specific regulations
which govern the means of transportation utilized.
2.3 Significant internal movements of ammunition or explosive material inside the bases included under
Annex 2 shall be notified in advance to the Commander of the base.
ARTICLE THIRTY-THREE
The installation, maintenance, and use of communications and electronics systems by United States forces in
Spain shall be as provided in Annex 4.
ARTICLE THIRTY-FOUR
Deleted
ARTICLE THIRTY-FIVE
1. During the period of validity of this Agreement and by means of the Rota‑Zaragoza pipeline
(ROTAZA) described in Annex 5 and the IDAs and installations referred to in this
Agreement, Spain shall authorize and guarantee to the United States movement and
storage services for the normal fuel requirements of the United States armed
forces and the increased use of the pipeline to meet the requirements of said
forces in case of emergency. The fuel requirements of the United States armed
forces shall in all cases be compatible with those of the Spanish armed forces.
2. The movement of products for the United States armed forces and the Spanish armed forces shall have
identical priority. Both shall have preference with respect to the movement of
commercial products.
3. The costs arising from the services set forth in paragraph 1 shall be subject to reimbursement.
4. The details related to the scheduling of movements and storage, as well as those of a technical nature
related to fuels and to the installation itself, are specified in Annex 5 of
this Agreement.
5. Spain shall have custody of and responsibility for all United States petroleum products in the ROTAZA
pipeline or in the inland terminal.
6. A Mixed Technical Commission is hereby established to coordinate the movement, storage, and supply
of petroleum products required to meet the needs of the Spanish armed forces and
those of the United States. The composition and functions of the Mixed
Technical Commission shall be set forth in Annex 5.
7. The ROTAZA pipeline and storage facilities included in Annex 5 and the petroleum products carried by the
pipeline shall be maintained in accordance with NATO Standardization Agreements.
8. The petroleum products receiving station on the bulk fuel discharge/loading pier included in the Rota
petroleum sea terminal shall be available for use by the Ministry of Defense
under a separate Memorandum of Understanding between the United States Navy and
the Spanish Navy and approved by the Mixed Technical Commission. Other piers
that could be used indirectly for the movement of petroleum products to the IDAs
and storage and supply facilities may be made available to the United States for
use when authorized by the Spanish Naval Commander.
9. The United States armed forces and the Spanish armed forces may conclude separate Memoranda of
Understanding for petroleum exchange relating to ships and aircraft that shall
benefit both Parties. Exchange agreements relating to ships and aircraft shall
not be made a part of the ROTAZA pipeline Memorandum of Understanding, but shall
be contained in a separate Memorandum of Understanding.
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CHAPTER IV - STATUS OF UNITED STATES FORCES IN SPAIN
ARTICLE THIRTY-SIX
1. “Members of the force” means the personnel belonging to land, sea or air armed services of the United
States when in Spain in connection with their official duties.
2. The term “civilian component” as defined in Article I, paragraph l (b) of the Agreement between the
Parties to the North Atlantic Treaty Regarding the Status of Their Forces signed
at London on 19 June 1951 hereinafter referred to as the Status of Forces
Agreement shall also mean employees of a non-Spanish and noncommercial
organization agreed upon by the Permanent 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 force, are accompanying
those forces in Spain.
3. The term “dependent,” as defined in Article I, paragraph 1 (c) of the Status of Forces Agreement, means
the spouse of a member of the force or the civilian component; or a child of
such a member dependent on him or her for support; or a parent of a member of
the force or the civilian component, or of the spouse of such a member, who is
financially or for reasons of health dependent upon such a member; who shares
the quarters occupied by such a member and who is recognized as a dependent of
such a member by the military authorities of the United States. Upon approval
by the Permanent Committee, other family members may be included in this
provision as dependents when warranted by special circumstances.
4. The definition of the term "duty" in Article XI, paragraph 12 of the Status of Forces Agreement
shall apply whenever that term is used in this Agreement in connection with an
importation or exportation.
5. The term "local labor personnel" as used in this Chapter and Annex 8 means persons of Spanish
nationality hired by the Spanish Ministry of Defense to render services to the
United States forces on Spanish military bases, other than members of the force, the
civilian component, dependents, and persons referred to in Article 8, paragraph 1 of
Annex 8 of this Agreement.
ARTICLE THIRTY-SEVEN
1. In accordance with current practices and unless otherwise mutually agreed, the Spanish Government
waives its authority under Article III, paragraph 2 (b) of the Status of Forces
Agreement to require countersignature of movement orders.
2. The Spanish Government shall not require visas for entry into and departure from Spain for
members of the civilian component and dependents. Spanish authorities shall
make the annotations required by Spanish law in the passports of such persons.
3. Members of the force, the civilian component, and their dependents shall be exempt from
registration and control as aliens.
4. The Commander of the base in which there are IDAS shall establish, in collaboration with the
Commander of the United States Forces, the necessary controls and procedures to
comply with the provisions in paragraphs 1 and 2 of this Article.
5. During their stay in Spain, members of the force, the civilian component, and their dependents
will prove their status with either the documentation provided for in Article
III of the Status of Forces Agreement, or by a special identification card
issued by the United States military authorities according to a standard
bilingual form communicated to the Permanent Committee. The above documentation
shall be valid in Spanish territory and in no case shall be valid for border
crossings.
ARTICLE THIRTY-EIGHT
1. With respect to the provisions of Article IV of the NATO Status of Forces Agreement, members of the
force and the civilian component permanently assigned in Spain and the
dependents of either, holding valid drivers' licenses issued by a competent
authority of the United States, shall receive Spanish drivers' licenses. These
licenses shall be issued free of charge by the competent provincial Jefatura de
Tráfico, without a test.
2. The applicant will complete an application form giving his personal identification data, to which
he will attach two carnet-size photographs, his United States driver's license,
and such other information as the Permanent Committee may determine is
required. This form will be sent to the competent provincial Jefatura de
Trafico, which shall issue, without fees, within a two-week period, a Spanish
driver's license of a type corresponding to the United States license held by
the applicant. At the same time, the applicant's United States license shall
be returned to him.
3. While the application for a Spanish driver's license is being processed, the applicant
shall be entitled to operate a motor vehicle on the basis of a duly certified
Spanish translation of his United States license.
4. Spanish drivers' licenses issued in accordance with this Article will remain valid for the period
of time provided by Spanish law, and shall be renewed free of charge and without
test, as necessary to assure validity, for the duration of the bearer's
assignment in Spain. Upon the termination of the bearer's assignment in Spain,
the license shall be returned to the Jefatura Central de Trafico of the Ministry
of the Interior in Madrid through the Permanent Committee. The Spanish drivers'
licenses referred to in this Article shall be subject to such temporary or
permanent withdrawal measures as may be decided by the Spanish Government or
judicial authorities in accordance with current laws, as a consequence of
traffic violations committed by the licensees.
5. Operators of United States Government vehicles must possess valid United States military
drivers' licenses, together with a Spanish translation thereof. No Spanish
driver's license will be required for the operation of such vehicles by members
of the force or of the civilian component in Spain.
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ARTICLE THIRTY-NINE
1. The Spanish Government recognizes the particular importance of disciplinary control by the
United States military authorities over the members of the force, which has an
effect upon operational readiness. In accordance with Article VII of the
Status of Forces Agreement, the appropriate Spanish authorities will give
expeditious and sympathetic consideration to requests for a waiver of criminal
jurisdiction made by the authorities of the United States.
2. The Spanish Government shall assist the United States forces in the expeditious processing
of a request for a waiver of criminal jurisdiction in accordance with the
following procedures:
2.1 A request for waiver of jurisdiction shall be presented to the Permanent Committee within a period of
thirty (30) days following the date the United States military authorities
become aware of the initiation of proceedings against an accused.
2.2 The request shall be reviewed by the Permanent Committee which, except in cases of particular
significance to Spain, shall recommend waiver of criminal jurisdiction to the
appropriate Spanish authorities within fifteen (15) days.
2.3 The appropriate Spanish authorities shall make a decision on the request within thirty (30) days
of receipt.
2.4 If Spanish authorities do not waive their jurisdiction, the case will be given preferential
treatment to obtain a decision in the shortest possible time.
ARTICLE FORTY
1. When a member of the force or of the civilian component 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 evidence of such fact unless there is proof to
the contrary.
2. In the event the appropriate Spanish authorities have doubt concerning the certificate it will be
reviewed by the Permanent Committee, which shall submit a recommendation to
those authorities within thirty (30) days.
ARTICLE FORTY-ONE
1. The custody of a member of the force over whom Spanish jurisdiction is being exercised shall be
entrusted to the military authorities of the United States, who will assume the corresponding
responsibility, at their request and within their own powers until the conclusion of judicial proceedings.
2. During the period of custody, the United States military authorities shall give full consideration
to the decisions of the Spanish judicial authorities regarding conditions of custody.
3. The United States military authorities shall guarantee the immediate appearance of these persons
before the competent Spanish judicial authorities in any proceedings that may
require their presence and, in any case, the appearance of such persons at the
trial. The criminal proceedings against a member of the force whose custody
has been entrusted to the United States military authorities, shall be subject
to preferential treatment, in accord with the provisions of Article VII of the
NATO Status of Forces Agreement providing for prompt and speedy trial. In any
case, the duration of provisional confinement provided under Spanish law shall
not be exceeded.
4. In criminal proceedings in Spanish courts against a member of the force, the following rules
shall apply:
4.1 If the court decrees provisional liberty without bail, the guarantees of paragraph 3 above will
satisfy the obligation of periodic reporting called for in Spanish laws.
4.2 If the court decrees provisional confinement without bail or the bail decreed has not been provided,
the United States military authorities may, if they have the appropriate powers,
maintain the custody with restriction of movement and effective vigilance. In
this event, the timed served is custody under these circumstances may be
credited against any sentence to confinement eventually adjudged.
4.3 If the court accepts bail from said member, the military authorities shall be relieved of all
responsibility for custody in accordance with the provisions of this Article.
5. In accordance with Article VII, paragraph 5 (b) of the NATO Status of Forces Agreement, the Spanish
authorities shall notify the United States authorities with all due speed of the
arrest or detention of a member of the force, the civilian component or
accompanying dependents of either.
ARTICLE FORTY-TWO
1. Confinement imposed by a Spanish court upon members of the force, the civilian component, or
dependents, shall be served in Spanish penal institutions agreed upon for that
purpose by the Permanent Committee with the General Directorate of Penal
Institutions, among those established for the custody level assigned to the
prisoner. 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.
2. Such prison sentences may be served in penal institutions in the United States in accordance with the
European Convention on the Transfer of Sentenced Persons done at Strasbourg on
March 21, 1983.
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ARTICLE FORTY-THREE
1. The military authorities of the force are responsible for the maintenance of discipline over
members of the force.
2. In furtherance of the maintenance of discipline, United States military authorities may, in
coordination with the Commander of the base, establish military police or shore
patrol units on the bases where United States forces are located, under
regulations which will be furnished to the Permanent Committee for coordination
and review. United States military authorities may also authorize the use of
such units in communities near military bases, in cooperation with local police
officials, under regulations agreed to by the Spanish and United States
authorities. These regulations will also be furnished to the Permanent
Committee for coordination and review.
ARTICLE FORTY-FOUR
1. Members of the force and of the civilian component 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, to the extent
that such suit deals with the civil liabilities arising from such act or
omission. Such claims may be presented to the Spanish military administration
and processed according to the provisions contained in Article VIII of the
Status of Forces Agreement.
2. If it should be necessary to determine the applicability of paragraph 1, the military
authorities of the United States may issue an official certificate stating that
a certain act or omission of a member of the force or of the civilian component
arose out of 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 Permanent Committee.
3. As used in this Article, the term "civilian component" includes local labor personnel acting in
the performance of official duty assigned by the United States forces. This
term dues not include contractors of the United States, the employees of such
contractors, nor members of the civilian component not employed by the United
States forces.
ARTICLE FORTY-FIVE
1. Except as provided in this Article, the acquisition of goods and services in the Spanish market by members
of the force, the civilian component, or dependents, for personal use, shall be
subject to the applicable Spanish taxes. Members of the force and of the
civilian component permanently assigned in Spain, however, shall not be liable
to pay any tax on the ownership, possession, use, transfer amongst themselves,
or transfer by death of their movable property imported into Spain or acquired
there for their personal use.
2. Income received by members of the force and of the civilian component from employment, and income
received by such persons from sources outside Spain, shall be exempt from
Spanish taxes on income as provided in Article X of the Status of Forces
Agreement. Members of the force and the civilian component shall also be exempt
from taxes on income received by reason of employment with the organizations
referred to in Article Forty-Nine of this Agreement.
3. The exemption from taxes on income shall not apply to other income from sources in Spain that would
otherwise be taxable under Spanish law.
ARTICLE FORTY-SIX
1. The importation of materiel, equipment, supplies, provisions and other property into Spain by the United
States forces, for official purposes in the exercise of the functions authorized
in this Agreement shall be exempt from all types of Spanish duties, taxes and
charges. The supply, including acquisition, of such goods in Spain and the
rendering of services to the United States forces for the same purposes shall
enjoy the fiscal benefits granted to exports and shall be exempt from all
Spanish taxes, duties and charges directly applicable to such acquisitions if
the total cost of each acquisition equals or exceeds 600 euros.
2. The exportation from Spain by the United States forces of the materiel, equipment, supplies,
provisions, and other property referred to in paragraph 1 of this Article shall
be exempt from all types of Spanish duties.
3. The exemptions provided in paragraphs 1 and 2 of this Article shall also apply to materiel,
equipment, supplies, provisions, and other property imported or acquired in the
Spanish domestic market by or on behalf of the United States forces for use by a
contractor executing a contract for such forces within the framework of this
Agreement.
4. The Spanish state shall bear all the charges arising from imports or the supply, including
acquisition, of goods in Spain and the rendering of services for projects funded
jointly by Spain and the United States or for which the United States
contributes funds for the purposes of the Agreement, including imports and other
means of supply arising from the execution of work and service contracts
performed for such purposes.
5. The exemptions provided in this Article shall also apply to the supply of property of the same
type, to the importation of materiel, equipment, supplies, provisions and other
goods and to services rendered to the Spanish Armed Forces for transfer to the
United States forces for the purpose of this Agreement.
ARTICLE FORTY-SEVEN
1. With reference to Article XI, paragraphs 5, 6, and 7 of the NATO Status of Forces Agreement, personal
effects, household goods, and furniture intended for the exclusive use of
members of the force or the civilian component permanently assigned in Spain,
and dependents of either, may, on the occasion of the initial arrival in Spain
of the member of the force or the civilian component, and as well as the initial
arrival in Spain of the dependents of either, and during a period of six months
thereafter, be imported into and retained in Spain free of all types of Spanish
duties.
2. Members of the force or the civilian component permanently assigned in Spain may possess and maintain, at
any one time, one motor vehicle imported under this exemption and one motor
vehicle of European Community manufacture acquired in Spain in accordance with
special arrangements and free of the Spanish value-added tax. Dependents over
the age of 18 may possess and maintain under the same conditions one motor
vehicle of European Community manufacture.
3. The importation into Spain through military post offices referred to in Article 51 of this Agreement of
articles for the personal use of members of the force or of the civilian
component permanently assigned in Spain and dependents of either shall be free
of Spanish duties if the value of such articles does not exceed the equivalent
in euros of one-hundred ($100.00) United States dollars.
4. The property imported under the provisions of paragraphs 1, 2, and 3 of this Article shall,
without prejudice to the exemptions provided by this article be considered as
temporarily imported property for Spanish tax and customs purposes.
5. The property referred to in paragraphs 1, 2 and 3 of this Article may not be transferred, given or rented to
persons in Spain not entitled to import or purchase such property free of duties
and VAT, unless such transfer or use is agreed upon by the appropriate Spanish
authorities and, if necessary, after payment of import taxes thereon. However,
the property referred to in paragraphs 1, 2 and 3 of this Article and in Article
49.5 may be transferred tax and duty-free and unconditionally to non-profit
entities in accordance with Spanish law three years after being purchased or
imported; the Permanent Committee shall adopt appropriate general control
measures.
6. The exportation of property referred to in paragraphs 1, 2 and 3 of this Article or acquired in
Spain for the owner's personal use shall be exempt from all types of Spanish
duties.
ARTICLE FORTY-EIGHT
1. The special arrangements to cross borders referred to in Article XI, paragraph 10 of the
Status of Forces Agreement shall be adopted by the Spanish customs authorities
upon the proposal of the Permanent Committee.
2. Recommendations to Spanish authorities for applying general Spanish customs provisions to
activities carried out under this Agreement pursuant to Article XII, paragraph 1
of the Status of Forces Agreement shall be developed by the Permanent Committee.
3. The Commander of the base in which there are IDAs shall establish, in collaboration with the
Commander of the United States Forces, the necessary customs controls to carry
out the procedures contained in paragraphs 1 and 2 of this Article.
ARTICLE FORTY-NINE
1. Military service exchanges, commissaries, open messes, social centers, and recreational service
areas established in Spain by the United States forces for the exclusive use of
the members of the force, the civilian component, and dependents shall be exempt
from any Spanish taxes or charges.
2. Pursuant to paragraph 1 of this Article, the organizations of the United States forces listed in that
paragraph and their contractors insofar as the provision of supplies and
services on behalf of these organizations is concerned, may:
2.1. Import free of Spanish duties reasonable quantities of provisions and other goods.
2.2. Acquire provisions, other goods and services necessary to carry out the authorized activities in the
Spanish domestic market with the benefit of the tax regime provided for in
Article 46, paragraph 1, of this Agreement.
2.3 Provide authorized services and sell such provisions and other goods so imported or acquired with
exemption from any Spanish taxes, duties, or charges.
2.4. Export to the United States governmental entities, free of Spanish duties, such provisions and other
goods.
3. With respect to the organizations referred to in paragraph 1 of this Article and their contractors,
the Permanent Committee shall adopt appropriate measures to prevent the sale of
provisions and other goods imported or acquired in the domestic market to
persons other than those referred to in paragraph 1 of this Article.
4. Spanish customs authorities, on the recommendation of the Permanent Committee, may establish
quotas for the sale of alcoholic beverages, tobacco, and items of significant
value, such as major electrical appliances and sound, video and photographic
equipment.
5. Articles acquired by members of the force, the civilian component, or dependents from the
organizations referred to in paragraph 1 of this Article, and their contractors,
may not be transferred to persons other than those referred to in that Article.
6. Spanish Commanders of the bases and the Commanders of the United States forces shall ensure that the
provisions of this Article are complied with, and shall cooperate fully with the
Spanish Ministry of Finance authorities in inspections of the organizations
referred to in paragraph 1 of this Article, and their contractors, in the
investigation of abuses of customs and fiscal matters. In cases where an
infraction is discovered, United States military authorities shall render all
assistance within their power to those Spanish authorities in the collection of
any resulting duties and penalties.
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ARTICLE FIFTY
1. The privately owned motor vehicles belonging to members of the force, the civilian component
and dependents permanently assigned in Spain shall be registered in accordance
with the following provisions:
2. Applications for the clearance through customs of imported vehicles shall be sent to the customs
authorities of the port of entry, who shall immediately authorize clearance on
forms authorized for this purpose. This authorization will be issued free of
duties, fees, or charges, and shall be valid as long as the vehicle is
registered to a person referred to in paragraph 1 of this Article.
3. Applications for registration shall be submitted by the United States Section of the Permanent
Committee directly to the corresponding Jefatura Provincial de Tráfico. The Jefatura de Tráfico shall approve the applications for registration and shall
validate the registration number and issue a registration permit, which shall
constitute the authorization for the operation in Spain of the vehicle
concerned. This registration shall be free of duties, fees, or charges, except
for a nominal fee to defray administrative costs. Registrations thus made shall
be valid for the duration of the official assignment of the applicant in Spain.
4. United States authorities shall inspect vehicles covered by this Article for compliance with
safety standards established by the Permanent Committee.
5. The United States Section of the Permanent Committee shall be responsible for the administrative control of
the registration numbers issued. If the owner of a vehicle registered in
accordance with paragraph 3 of this Article loses his status under the Status of
Forces Agreement and this Agreement, the above Section shall so notify the
Director General of Customs and Excise and the Jefatura Central de Tráfico in
the Ministry of the Interior.
ARTICLE FIFTY-ONE
1. The United States may establish, maintain and operate, within the IDAs used and maintained by the
United States forces in Spanish military bases, military post offices for the
use of members of the force or of the civilian component, and dependents in the
sending of mail between such post offices in Spain and between such post offices
and other United States post offices.
2. This mail may be transported within Spanish territory in sealed containers, provided that they conform to the
identification rules approved by the Permanent Committee.
3. Postal packages of a personal nature shall be subject to inspection by Spanish customs
authorities. Such inspections will be conducted at the United States military
post offices in a manner which will avoid damage to the contents of the packages
and delay in delivery of the mail.
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CHAPTER V - STATUS OF THE SPANISH FORCES IN THE UNITED STATES OF AMERICA
ARTICLE FIFTY-TWO
1. “Members of the force” means the personnel belonging to land, sea or air armed services of Spain when
in the United States of America in connection with their official duties.
2. The term “dependent,” as defined in Article I, paragraph 1 (c) of the Status of Forces Agreement, shall
include the spouse of a member of the force or the civilian component, or a
child of such a member dependent on him or her for support; or a parent of a
member of the force or the civilian component, or of the spouse of such a
member, who is financially or for reasons of health dependent upon such a
member; who shares the quarters occupied by such a member and who is recognized
as a dependent of such a member by the military authorities of Spain. Upon
approval by the Permanent Committee, other family members may be included as
dependents when warranted by special circumstances.
3. The definition of the term "duty" in Article XI, paragraph 12 of the Status of Forces Agreement
shall apply wherever that term is used in this Agreement in connection with an
import or export.
ARTICLE FIFTY-THREE
1. In accordance with current practices and unless otherwise mutually agreed, the United States
government waives its right under Article III, paragraph 2(b) of the Status of
Forces Agreement to require countersignature of movement orders.
2. Subject to the conditions set forth in Article III of the States of Forces Agreement, members
of the force shall be exempt from passport and visa regulations and immigration
inspection on entering or leaving the territory of the United States. Members
of the force shall be exempt from registration and control as aliens.
3. The members of the civilian component and the dependents of members of the force and civilian component
shall be exempt from registration and control as aliens. United States
authorities shall facilitate the issuance of visas under the special procedures
applicable for NATO personnel.
ARTICLE FIFTY-FOUR
1. In accordance with Article IV of the NATO Status of Forces Agreement and as provided under Article 24 of
the Geneva Convention of Road Traffic of September 19, 1949, United States
authorities shall
(a) accept as valid, without a driving test or fee, the
driving permit or license issued by a competent authority in Spain to a member
of the force, or the civilian component permanently assigned in the United
States, or a dependent of either, or
(b) issue their own driving permit or
license to any member of a force or civilian component permanently assigned in
the United States who holds a driving permit or license issued by Spanish
authorities, provided that no driving test shall be required.
3. To facilitate the implementation of these Agreements, the United
States Section of the Permanent Committee shall issue appropriate documentation
to verify an individual’s entitlement to the rights specified in this Article.
4. The use in the United States of the drivers' license referred to
in this Article shall be subject to such temporary or permanent suspensions as
may be decided by the United States government or judicial or administrative
authorities in accordance with current laws, as a consequence of traffic
violations committed by the licensee.
ARTICLE FIFTY-FIVE
1. With respect to Article VII of the Status of Forces Agreement, and for the sole purpose of determining
whether an act or omission is a punishable offense under the military law of Spain or
under the law of the United States, or both, the interpretation of the military
law of Spain by the Spanish authorities shall be accepted by the government of
the United States, and the interpretation of the law of the United States by the
authorities of the United States shall be accepted the Spanish authorities.
2. The Government of the United States recognizes the particular importance of disciplinary control by
Spanish military authorities over the members of the force and the effect that such
control has upon operational readiness. In accordance with Article VII of the
NATO Status of Forces Agreement, the competent United States authorities shall
give expeditious and sympathetic consideration to the waiver of their criminal
jurisdiction upon request of the Spanish armed forces. The United States
Government shall assist the Spanish forces in expeditious processing of a
request for the waiver of jurisdiction. The Permanent Committee shall seek a
waiver of criminal jurisdiction from the competent United States authorities in
all cases where the Spanish forces so request, except in cases considered to be
of particular importance to the United States.
3. In accordance with Article VII, paragraph 5(b) of the NATO Status of Forces Agreement the United States
authorities shall notify Spanish authorities with all due speed of the arrest or
detention of a member of the force, the civilian component or accompanying
dependents of either.
4. Persons subject to Spanish military law who are prosecuted under United States jurisdiction will be
entitled to have a representative of the Spanish government present during the
trial, which will be public, except when the court decrees otherwise in
accordance with United States law.
5. No member of the Spanish forces, civilian component or their dependents, shall be subject to
prosecution by United States military courts or tribunals except in time of war
or hostilities.
6. If such persons are detained on a United States military installation they shall be turned over
to appropriate U.S. civil or Spanish military authorities as soon as
jurisdiction is determined.
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ARTICLE FIFTY-SIX
For the purposes of Article VII, paragraph 3 (a) of the NATO Status of Forces Agreement, and in order
to verify that an offense arose out of an act or omission done in the performance of
official duty, Spanish military authorities shall issue certificates which they
shall transmit to the legally competent United States authorities. The
certificate shall be considered as prima facie evidence that the alleged offense
arose out of an act or omission done in the performance of official duty, unless
there is evidence to the contrary. In the event that appropriate authorities
have a doubt concerning the certificate, it shall, at the request of Spanish
authorities, be reviewed by representatives of the Department of State and the
Embassy of Spain in Washington within thirty days.
ARTICLE FIFTY-SEVEN
1. Confinement imposed by a United States court (whether federal or state) upon members of the
force, the civilian component, or dependents, shall be served in United States
penal institutions unless otherwise agreed.
2. Upon the request of the Government of Spain, the governments of the United States and Spain shall
consult with appropriate penal authorities on the location of the penal
institution and other matters pertaining to the confinement.
3. The United States government guarantees to the authorities of Spain the right to visit at any time
the persons referred to in paragraph 1 of this Article and provide them such
material assistance as the authorities of Spain deem appropriate, in accordance
with the pertinent state and federal law and prison regulations.
4. Such prison sentences may be served in penal institutions in Spain in accordance with the European
Convention on the Transfer of Sentenced Persons done at Strasbourg on March 21, 1983.
ARTICLE FIFTY-EIGHT
1. With respect to Article IX of the Status of Forces Agreement, the acquisition of goods and
services in the United States market by members of the force or of the civilian
component or by dependents for personal purposes shall be subject to applicable
United States taxes.
2. Members of the force and the civilian component permanently assigned in the United States and dependents of
either, however, shall not be liable to pay any tax to the United States or its
local entities on the ownership, possession, transfer amongst themselves, or
transfer by death of their movable property imported or acquired in the United
States solely for their personal use.
ARTICLE FIFTY-NINE
1. With reference to Article XI (5), (6), and (7) of the NATO Status of Forces Agreement, United States laws
and regulations provide that baggage and effects of members of the force or
civilian component and their immediate families and articles for the personal
and family use of members of the force or the civilian component permanently
assigned in the United States, and dependents of either, may be imported into
and retained in the United States without the payment of duties. On the
occasion of the initial arrival in the United States of members of the force or
civilian component, as well as the initial arrival in the United States of the
dependents of either, and during a period of six months thereafter, such
property shall, without prejudice to the exemptions provided by this article, be
considered as temporarily imported property. It may only be transferred to
persons in the United States entitled to import such property duty-free, unless
such transfer or use is agreed upon by the appropriate United States
authorities. The export of such property shall be exempt from United States
duties.
2. Members of the force and the civilian component permanently assigned in the United States may import
temporarily free of duty and taxes private motor vehicles for the personal use
of themselves and their dependents. Automobiles so imported by members of the
Spanish forces and the civilian component shall, consistent with U.S. law, be
exempt from environmental and safety standards established by United States laws
and regulations. In connection with applications and compliance with the
required administrative formalities for customs clearance and registration of
motor vehicles that are the private property of members of the Spanish force,
civilian component and dependents in the United States, the United States
Section of the Permanent Committee shall provide adequate information to the
competent authorities regarding the status of these persons individually as
regards the benefits granted under this provision.
ARTICLE SIXTY
1. Spanish personnel referred to in Article I of the Status of Forces Agreement shall have the right
to utilize the military service exchanges, commissaries, health facilities, and
cultural and recreational organizations of the United States forces, in the same
manner as accorded to comparable personnel of other countries which are parties
to the North Atlantic Treaty.
2. The U.S. Department of Defense will provide care to members of the Spanish forces and the
civilian component and their dependents according to the terms referred to in
paragraph 5, Article IX of the Status of Forces Agreement, in Department of
Defense medical treatment facilities in the United States, to the same extent
that members of the U.S. forces, the civilian component and their dependents are
provided such care by the Spanish government in Spain pursuant to arrangements
between the two governments.
3. U.S. military authorities shall issue identification documents in the English language to
members of the Spanish forces and the civilian component and their dependents
for entry into authorized U.S. military installations.
4. An agreement may be reached between the Spanish Ministry of Defense and the U.S. Department of Defense with
a view to increasing the provision of reciprocal health care.
ARTICLE SIXTY-ONE
Except where expressly provided by law, the requirements to contribute to social security, including social
and medical assistance, shall not apply to salaries or emoluments received by
members of the force or of the civilian component from the government of Spain
as such members.
ARTICLE SIXTY-TWO
The remains of Spanish members of the force, the civilian component, and dependents who die in the United
States may be claimed, given post mortem examination, embalmed and transported
to Spain upon authorization of the appropriate United States authorities. The
certificates of death and other required documents will be prepared, in
accordance with United States law, by a doctor who certifies death. The United
States authorities will have access to any document or proceeding necessary to
comply with the provisions established by United States law. Delivery of the
remains and post mortem examination shall, in all cases, be subject to the
appropriate U.S. judicial authority if the cadaver is at the disposal of a judge
in order to carry out a judicial proceeding.
ARTICLE SIXTY-THREE
1. A member of the Spanish forces or civilian component shall not be subject to any proceedings in
United States courts for the enforcement of any judgment for claims arising out
of acts or omissions done in the performance of their official duties, within
the scope of Article VIII, paragraph 5 of the Status of Forces Agreement.
2. The United States authorities shall move to dismiss any suit brought in U.S. courts against
members of the Spanish forces or civilian component that states a claim within
the scope of Article VIII, paragraph 5 of the Status of Forces Agreement.
ARTICLE SIXTY-FOUR
U.S. military authorities shall render such assistance as may be feasible in appropriate cases to Spanish
members of the force, civilian component and their dependents to secure
compliance with judgments, decisions and orders in non-criminal proceedings of
United States courts and authorities.
ARTICLE SIXTY-FIVE
The United States may grant to the Spanish forces use of military facilities in the United States under such
favorable terms and conditions as are permitted by United States law and
regulations.
ARTICLE SIXTY-SIX
1. Within United States forces installations in the United States the Spanish forces shall have
the use of all utilities and utilities services which are owned or controlled by
the United States government. The term “utilities and utilities services”
shall include electricity, gas (natural, manufactured, liquefied petroleum, or
mixed), water, sewage disposal, steam, compressed air, refuse collection and
disposal, custodial service, mechanical refrigeration, and air conditioning.
This right shall be exercised in a manner consistent with the operation by the
United States Government of its utilities and services.
2. The use of such utilities and services by the Spanish forces shall be in accordance with
priorities, conditions, and rates or charges no less favorable than those
accorded other users in like circumstances.
ARTICLE SIXTY-SEVEN
In addition to the rights provided under Articles Fifty-Four and Sixty of this Agreement, members of the
Spanish Armed forces who are assigned to the Embassy of Spain because of their
official duties for functions normally performed in the Embassy and with the
consent of the United States government will continue to receive the privileges
and immunities to which they are entitled under the Vienna Convention on
Diplomatic Relations.
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CHAPTER VI - FINAL PROVISIONS
ARTICLE SIXTY-EIGHT
1. The two Governments shall endeavor to resolve by mutual agreement any difficulties or
doubts arising as to the interpretation or application of the provisions of this
Agreement.
2. Each Government will adopt such measures as are necessary for the implementation of the
provisions of this Agreement.
ARTICLE SIXTY-NINE
1. This Agreement and its Annexes, which form a part thereof, shall enter into force upon written
communication between the Parties that they have satisfied their respective
constitutional requirements.
2. The new duration of this revised Agreement shall be eight years. It shall be extended for
periods of one year, unless one of the Parties notifies the other in writing, at
least six months prior to the end of the initial eight-year term or of any
subsequent one-year term, of its intent to the contrary.
3. The Parties may initiate negotiations for possible revision or modification of the Agreement.
Such agreed revisions or modifications shall enter into force upon written
communication by the Parties to each other that they have satisfied their
respective constitutional requirements.
4. Should disagreements arise concerning the interpretation, implementation or compliance
with the provisions of the Agreement, the Parties shall begin consultations
immediately. Should the matter not be resolved within a period of twelve months,
either Party may terminate this Agreement effective six months from the date of
written notice of such termination.
5. In the event of termination of the Agreement pursuant to the provisions of this Article, a
period of one year from the effective date of such termination is provided for
the United States to withdraw its personnel and removable property, located in
Spain. Until such withdrawal is complete, all rights, privileges and
obligations of both Parties deriving from the Agreement shall remain in effect.
Revised in Madrid the 10 of April of 2002, in duplicate, in
the English and the Spanish languages, both texts being equally authentic.
