Common use of Command Clause in Contracts

Command. 1. The installation is placed under Italian Command. The functions of such command, which will be exercised by an Italian officer, will vary according to whether the installation is jointly used or used exclusively by the United States Armed Forces. The Italian Commander's jurisdiction extends throughout the installation over all the Italian personnel, military and civilian, assigned for whatever reason to the installation, and over the Italian land and infrastructure, equipment and materiel. 2. The rank of the Italian officer is established by the cognizant Italian Authorities based on his responsibilities and tasks, regardless of the rank of the senior U.S. officer assigned to the installation. 3. The U.S. Commander has full military command over U.S. personnel, equipment and operations. He will notify in advance the Italian Commander of all significant U.S. activities, with specific reference to the operational and training activity, to the movements of materiel, weapons and civilian/military personnel, and to any events/incidents that should occur. Likewise the Italian Commander will keep the U.S. Commander informed of all significant national activities. The Italian Commander will advise the U.S. Commander if he believes U.S. activities are not respecting applicable Italian law and will immediately seek advice from higher Italian Authorities. Differences of opinion between the commanders regarding whether a specific activity should be undertaken, that cannot be resolved locally, will be promptly referred up the respective chains of command for resolution. Beginning a disputed activity is subject to resolution of the controversy. 4. Permanent increases of the operational component and relative support shall be authorized by the Italian National Authorities. Temporary increases of military and civilian personnel (for training, exercises, logistical activities, transit, etc.) will be approved by the Italian Commander. Temporary increases of personnel associated with operations already approved by the Government of Italy will be coordinated with the Italian Commander. 5. In order to comply with his responsibilities, the Italian Commander has free access, with no restrictions, except as provided in the following Section XV, to all areas of the installation. The Italian Commander will intervene to have the U.S. Commander immediately interrupt U.S. activities which clearly endanger life or public health. Upon notification of the danger, the U.S. Commander will promptly investigate and consult with the Italian Commander concerning the situation. Either commander may refer a matter in dispute, or one not susceptible to local resolution, to higher authority for resolution. 6. The Italian Commander is the formal representative of the installation and serves as the liaison with national authorities and the contact with local authorities and local external military and civil entities. The U.S. Commander is not precluded from contacting local authorities on matters of interest only to the United States. The Italian Commander will coordinate, as agreed, all matters of common interest and, to this end, he will be kept constantly informed on all U.S. activities and initiatives as indicated in paragraph 3 above. The U.S. and Italian Commanders fulfill their representational role with equal status.