Entrada em vigor
O presente Acordo entrará em vigor trinta dias após a receção da última notificação, por escrito e por via diplomática, indicando que foram cumpridos os requisitos de Direito interno das Partes necessários para o efeito.
Assinado em Oeiras, em 19 de janeiro de 2017, em dois exemplares originais, nas línguas portuguesa e inglesa, possuindo ambos os textos igual valor.
Pela República Portuguesa:
José Alberto Azeredo Lopes, Ministro da Defesa Nacional.
Pelos Estados Unidos da América:
Robert A. Sherman, Embaixador.
AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE PORTUGUESE REPUBLIC ON AERONAUTICAL AND MARITIME SEARCH AND RESCUE
The United States of America and the Portuguese Republic,
Hereinafter designated individually as a «Party» and collectively as the «Parties»:
Recognizing the importance of strengthening the longstanding and traditional relations of friendship and cooperation between their two countries;
Recognizing the great importance of cooperation between the Parties in conducting aeronautical and maritime search and rescue («SAR») operations;
Willing to establish mutual assistance in aeronautical and maritime search and rescue operations, in accordance with the Convention on International Civil Aviation, signed in Chicago on December 7, 1944, as amended (the «Chicago Convention»), and the International Convention on Maritime Search and Rescue, signed in Hamburg on April 27, 1979, as amended (the «SAR Convention»);
Noting the International Aeronautical and Maritime Search and Rescue Manual, hereinafter referred to as the «IAMSAR Manual»:
hereby agree as follows:
Article 1
Definitions
1 - For the purpose of this Agreement the following definitions shall apply:
a) «Rescue Coordination Center (RCC)» - a unit responsible for promoting efficient organization of search and rescue services and for coordinating the conduct of search and rescue operations within a search and rescue region;
b) «Search and Rescue Region (SRR)» - an area with defined dimensions associated with a Rescue Coordination Center within which search and rescue services are provided;
c) «Territory» - the land areas, internal waters, territorial sea, and the airspace above those areas, but in no case shall either Party's territorial sea exceed the twelve-nautical-mile breadth allowed under international law as reflected in the United Nations Convention on the Law of the Sea.
2 - The definitions in paragraphs 1(a) and 1(b) of this article are subject to any changes in the identical terms and definitions contained in Chapter 1 of the Annex to the SAR Convention and in Chapter 1 of Annex 12 to the Chicago Convention.
3 - Any other terms and definitions defined in Chapter 1 of the Annex to the SAR Convention and in Chapter 1 of Annex 12 to the Chicago Convention, and used but not defined in this Agreement, shall be applied as defined in the aforementioned Conventions.
Article 2
Objective
The objective of this Agreement is to strengthen cooperation in the field of maritime and aeronautical SAR and to enhance effectiveness in assisting persons in distress.
Article 3
Search and Rescue Regions
1 - The aeronautical SAR regions of the Parties shall be delimited geographically by a continuous line connecting the following coordinates:
45º 00'N 40º 00'W; and 22º 18'N 40º 00'W
2 - The maritime SAR regions of the Parties shall be delimited geographically by a continuous line connecting the following coordinates:
45º 00'N 40º 00'W; and 18º 00'N 40º 00'W
3 - The coordinates in this article use the World Geodetic System 1984 («WGS 84») and are connected by geodetic lines.
4 - Each Party accepts primary responsibility for the coordination of SAR operations in its SRR.
5 - The delimitation of SAR regions is not related to and shall not prejudice the delimitation of any boundary between the Parties.
Article 4
Services Responsible for Aeronautical and Maritime Search and Rescue
1 - Each Party's agencies responsible for aeronautical and maritime SAR (hereinafter «SAR agencies») are specified below.
2 - For the United States of America, the United States Coast Guard is responsible for coordinating aeronautical and maritime SAR operations, and for the Portuguese Republic, the Portuguese Air Force is responsible for coordinating aeronautical SAR operations and the Portuguese Navy is responsible for coordinating maritime SAR operations.
3 - Each Party shall promptly inform the other Party of any changes in its SAR agencies.
Article 5
Rescue Coordination Centers
1 - The RCCs for each Party are as follows:
a) For the United States of America: Joint RCC Boston (SRR Boston) and Joint RCC Norfolk (SRR Norfolk);
b) For the Portuguese Republic: Aeronautical RCC Lajes, and Maritime RCC Delgada (SRR Stª Maria).
2 - Either Party may unilaterally update the information contained in the paragraph above, such information becoming effective on the date on which the other Party receives written notification of the update.
Article 6
Conduct of Search and Rescue Operations
1 - The Parties shall act in conformity with the provisions of the SAR Convention and the Chicago Convention.
2 - The IAMSAR Manual provides additional guidelines for use in implementing activities under this Agreement.
Article 7
Cooperation between Rescue Coordination Centers
1 - A request from either Party's RCC to assist persons in distress shall be sent to the RCC of the other Party.
2 - Receipt of such requests shall be confirmed without delay by the receiving RCC.
3 - The receiving RCC shall advise the requesting RCC as soon as possible as to whether such assistance can be provided. The receiving RCC shall advise the requesting RCC of the number, type(s), and call signs(s) of the rescue units assigned, and of the communications facilities it has at its disposal.
4 - Upon receipt of the information concerning the requested rescue units specified in paragraph 3 of this article, the requesting RCC shall coordinate with the other Party on issues related to the provision of authorization to enter its territory.
5 - The authorization for entry referred to in paragraph 4 of this article shall include any special conditions for entry, for example, the ports and landing sites to be used and information on customs and immigration formalities, and it shall be transmitted to the RCC of the other Party as soon as possible.
Article 8
Coordination and Communication
1 - SAR operations in the SAR region of a Party shall be coordinated by the RCC responsible for that SAR region.
2 - In order to ensure the effectiveness of a SAR operation, the RCCs involved in the coordination of the SAR operation may agree on a different method of coordination for that operation.
3 - During a joint SAR operation, the RCC of the Party in whose SAR region such operation is being conducted shall determine, in coordination with the RCC or RCCs of the other Party, the method of communication with the rescue units.
4 - Nothing in this Agreement shall be interpreted as altering the obligations of aircraft to communicate directly with air traffic control, where required by applicable law or regulation.
Article 9
Cooperation between SAR Agencies
1 - The Parties shall enhance cooperation between their SAR agencies. Such cooperation may include, inter alia, joint SAR exercises, regular checks of communication channels, reciprocal visits by SAR experts, and the exchange of information.
2 - The Parties intend to exchange information to improve the effectiveness of SAR operations. This information may include, but is not limited to:
a) Communication details;
b) Information about SAR facilities;
c) Descriptions of available airfields;
d) Knowledge of fuelling and medical facilities; and
e) Information useful for training SAR personnel.
3 - The Parties may promote SAR cooperation by, inter alia:
a) Communicating national positions on SAR issues of mutual interest within the scope of this Agreement; and
b) Conducting regular communications checks and exercises, including the use of alternative means of communications for handling communication overloads during major SAR operations.
Article 10
Funding
1 - Each Party shall bear its own costs arising from its participation in SAR operations or in any other activities within the scope of this Agreement, except as may be agreed otherwise by the Parties in writing in advance.
2 - Cooperation under this Agreement shall be subject to the availability of resources at the disposal of the Parties, including personnel, SAR facilities, and financial resources.
Article 11
Amendments
1 - This Agreement may be amended by written agreement of the Parties.
2 - An amendment shall enter into force in the same manner specified for entry into force of the Agreement in Article 15.
Article 12
Application
1 - The provisions of this Agreement shall not affect the rights or obligations of either Party deriving from other agreements to which they are both parties, including but not limited to the SAR Convention and the Chicago Convention, and shall not affect the rights and obligations of either Party under customary international law as reflected in the 1982 United Nations Convention on the Law of the Sea.
2 - Nothing in this Agreement shall affect the rights or obligations of either Party under customary international law related to the provision of assistance to persons in distress.
Article 13
Dispute Resolution
Disputes concerning the application or interpretation of this Agreement shall be resolved through consultations between the Parties.
Article 14
Duration and Termination
1 - The present agreement shall remain in force for an indefinite period of time.
2 - Either Party may, at any time, terminate the present agreement upon six months' advance notification, in writing through diplomatic channels.
Article 15
Entry into Force
This Agreement shall enter into force thirty days after receipt of the later of the notifications, in writing through diplomatic channels, indicating that each Party has completed its internal procedures necessary for entry into force of the Agreement.
In Witness Whereof the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
Done at Oeiras on this 19th day of January, 2017, in the English and Portuguese languages, both texts being equally authentic.
For the United States of America:
Robert A. Sherman, Ambassador.
For the Portuguese Republic:
José Alberto Azeredo Lopes, Minister of National Defense.