2. Members of the United States Forces and of the civilian component may import into Iraq, re-export, and use personal effect materials and equipment for consumption or personal use. The import into, re-export from, transfer from, and use of such imported items in Iraq shall not be subjected to licenses, other restrictions, taxes, custom duties, or any other charges imposed in Iraq, as defined in Article 2, paragraph 10. The imported quantities shall be reasonable and proportionate to personal use. United States Forces authorities will take measures to ensure that no items or material of cultural or historic significance to Iraq are being exported.
3. Any inspections of materials pursuant to paragraph 2 by Iraqi authorities must be done urgently in an agreed upon place and according to procedures established by the Joint Committee.
4. Any material imported free of customs and fees in accordance with this Agreement shall be subjected to taxes and customs and fees as defined in Article 2, paragraph 10, or any other fees valued at the time of sale in Iraq, upon sale to individuals and entities not covered by tax exemption or special import privileges. Such taxes and fees (including custom duties) shall be paid by the transferee for the items sold.
5. Materials referred to in the paragraphs of this Article must not be imported or used for commercial purposes.
Article 16 Taxes
1. Any taxes, duties, or fees as defined in Article 2, paragraph 10, with their value determined and imposed in the territory of Iraq, shall not be imposed on goods and services purchased by or on behalf of the United States Forces in Iraq for official use or on goods and services that have been purchased in Iraq on behalf of the United States Forces.
2. Members of the United States Forces and of the civilian component shall not be responsible for payment of any tax, duty, or fee that has its value determined and imposed in the territory of Iraq, unless in return for services requested and received.
Article 17
Licenses or Permits
1. Valid driver’s licenses issued by United States authorities to members of the United States Forces and of the civilian component, and to United States contractor employees, shall be deemed acceptable to Iraqi authorities. Such license holders shall not be subject to a test or fee for operating the vehicles, vessels, and aircraft belonging to the United States Forces in Iraq.
2. Valid driver’s licenses issued by United States authorities to members of the United States Forces and of the civilian component, and to United States contractor employees, to operate personal cars within the territory of Iraq shall be deemed acceptable to Iraqi authorities. License holders shall not be subject to a test or fee.
3. All professional licenses issued by United States authorities to members of the United States Forces and of the civilian component, and to United States contractor employees shall be deemed valid by Iraqi authorities, provided such licenses are related to the services they provide within the framework of performing their official duties for or contracts in support of the United States Forces, members of the civilian component, United States contractors, and United States contractor employees, according to terms agreed upon by the Parties.
Article 18
Official and Military Vehicles
1. Official vehicles shall display official Iraqi license plates to be agreed upon between the Parties. Iraqi authorities shall, at the request of the authorities of the United States Forces, issue registration plates for official vehicles of the United States Forces without fees, according to procedures used for the Iraqi Armed Forces. The authorities of the United States Forces shall pay to Iraqi authorities the cost of such plates.
2. Valid registration and licenses issued by United States authorities for official vehicles of the United States Forces shall be deemed acceptable by Iraqi authorities.
3. Military vehicles exclusively used by the United States Forces will be exempted from the requirements of registration and licenses, and they shall be clearly marked with numbers on such vehicles.
Article 19
Support Activities Services
1. The United States Forces, or others acting on behalf of the United States Forces, may assume the duties of establishing and administering activities and entities inside agreed facilities and areas, through which they can provide services for members of the United States Forces, the civilian component, United States contractors, and United States contractor employees. These entities and activities include military post offices; financial services; shops selling food items, medicine, and other commodities and services; and various areas to provide entertainment and telecommunications services, including radio broadcasts. The establishment of such services does not require permits.
2. Broadcasting, media, and entertainment services that reach beyond the scope of the agreed facilities and areas shall be subject to Iraqi laws.
3. Access to the Support Activities Services shall be limited to members of the United States Forces and of the civilian component, United States contractors, United States contractor employees, and other persons and entities that are agreed upon. The authorities of the United States Forces shall take appropriate actions to prevent misuse of the services provided by the mentioned activities, and prevent the sale or resale of aforementioned goods and services to persons not authorized access to these entities or to benefit from their services. The United States Forces will determine broadcasting and television programs to authorized recipients.
4. The service support entities and activities referred to in this Article shall be granted the same financial and customs exemptions granted to the United States Forces, including exemptions guaranteed in Articles 15 and 16 of this Agreement. These entities and activities that offer services shall be operated and managed in accordance with United States regulations; these entities and activities shall not be obligated to collect nor pay taxes or other fees related to the activities in connection with their operations.
5. The mail sent through the military post service shall be certified by United States Forces authorities and shall be exempt from inspection, search, and seizure by Iraqi authorities, except for non-official mail that may be subject to electronic observation. Questions arising in the course of implementation of this paragraph shall be addressed by the concerned Joint Sub-Committee and resolved by mutual agreement. The concerned Joint Sub-Committee shall periodically inspect the mechanisms by which the United States Forces authorities certify military mail.
Article 20
Currency and foreign exchange
1. The United States Forces shall have the right to use any amount of cash in United States currency or financial instruments with a designated value in United States currency exclusively for the purposes of this Agreement. Use of Iraqi currency and special banks by the United States Forces shall be in accordance with Iraqi laws.
2. The United States Forces may not export Iraqi currency from Iraq, and shall take measures to ensure that members of the United States Forces, of the civilian component, and United States contractors and United States contractor employees do not export Iraqi currency from Iraq.
Article 21 Claims
1. With the exception of claims arising from contracts, each Party shall waive the right to claim compensation against the other Party for any damage, loss, or destruction of property, or compensation for injuries or deaths that could happen to members of the
force or civilian component of either Party arising out of the performance of their official duties in Iraq.
2. United States Forces authorities shall pay just and reasonable compensation in settlement of meritorious third party claims arising out of acts, omissions, or negligence of members of the United States Forces and of the civilian component done in the performance of their official duties and incident to the non-combat activities of the United States Forces. United States Forces authorities may also settle meritorious claims not arising from the performance of official duties. All claims in this paragraph shall be settled expeditiously in accordance with the laws and regulations of the United States. In settling claims, United States Forces authorities shall take into account any report of investigation or opinion regarding liability or amount of damages issued by Iraqi authorities.
3. Upon the request of either Party, the Parties shall consult immediately through the Joint Committee or, if necessary, the Joint Ministerial Committee, where issues referred to in paragraphs 1 and 2 above require review.
Article 22 Detention
1. No detention or arrest may be carried out by the United States Forces (except with respect to detention or arrest of members of the United States Forces and of the civilian component) except through an Iraqi decision issued in accordance with Iraqi law and pursuant to Article 4.
2. In the event the United States Forces detain or arrest persons as authorized by this Agreement or Iraqi law, such persons must be handed over to competent Iraqi authorities within 24 hours from the time of their detention or arrest.
3. The Iraqi authorities may request assistance from the United States Forces in detaining or arresting wanted individuals.
4. Upon entry into force of this Agreement, the United States Forces shall provide to the Government of Iraq available information on all detainees who are being held by them. Competent Iraqi authorities shall issue arrest warrants for persons who are wanted by them. The United States Forces shall act in full and effective coordination with the Government of Iraq to turn over custody of such wanted detainees to Iraqi authorities pursuant to a valid Iraqi arrest warrant and shall release all the remaining detainees in a safe and orderly manner, unless otherwise requested by the Government of Iraq and in accordance with Article 4 of this Agreement.
5. The United States Forces may not search houses or other real estate properties except by order of an Iraqi judicial warrant and in full coordination with the Government of Iraq, except in the case of actual combat operations conducted pursuant to Article 4.
Implementation of this Agreement and the settlement of disputes arising from the interpretation and application thereof shall be vested in the following bodies:
1. A Joint Ministerial Committee shall be established with participation at the Ministerial level determined by both Parties. The Joint Ministerial Committee shall deal with issues that are fundamental to the interpretation and implementation of this Agreement.
2. The Joint Ministerial Committee shall establish a JMOCC consisting of representatives from both Parties. The JMOCC shall be co-chaired by representatives of each Party.
3. The Joint Ministerial Committee shall also establish a Joint Committee consisting of representatives to be determined by both Parties. The Joint Committee shall be co- chaired by representatives of each Party, and shall deal with all issues related to this Agreement outside the exclusive competence of the JMOCC.
4. In accordance with paragraph 3 of this Article, the Joint Committee shall establish Joint Sub-Committees in different areas to consider the issues arising under this Agreement according to their competencies.
Article 24
Withdrawal of the United States Forces from Iraq
Recognizing the performance and increasing capacity of the Iraqi Security Forces, the assumption of full security responsibility by those Forces, and based upon the strong relationship between the Parties, an agreement on the following has been reached:
1. All the United States Forces shall withdraw from all Iraqi territory no later than December 31, 2011.
2. All United States combat forces shall withdraw from Iraqi cities, villages, and localities no later than the time at which Iraqi Security Forces assume full responsibility for security in an Iraqi province, provided that such withdrawal is completed no later than June 30, 2009.
3. United States combat forces withdrawn pursuant to paragraph 2 above shall be stationed in the agreed facilities and areas outside cities, villages, and localities to be designated by the JMOCC before the date established in paragraph 2 above.
4. The United States recognizes the sovereign right of the Government of Iraq to request the departure of the United States Forces from Iraq at any time. The Government of Iraq recognizes the sovereign right of the United States to withdraw the United States Forces from Iraq at any time.
5. The Parties agree to establish mechanisms and arrangements to reduce the number of the United States Forces during the periods of time that have been determined, and they shall agree on the locations where the United States Forces will be present.
Article 25
Measures to Terminate the Application of Chapter VII to Iraq
Acknowledging the right of the Government of Iraq not to request renewal of the Chapter VII authorization for and mandate of the multinational forces contained in United Nations Security Council Resolution 1790 (2007) that ends on December 31, 2008;
Taking note of the letters to the UN Security Council from the Prime Minister of Iraq and the Secretary of State of the United States dated December 7 and December 10, 2007, respectively, which are annexed to Resolution 1790;
Taking note of section 3 of the Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship, signed by the President of the United States and the Prime Minister of Iraq on November 26, 2007, which memorialized Iraq’s call for extension of the above-mentioned mandate for a final period, to end not later than December 31, 2008:
Recognizing also the dramatic and positive developments in Iraq, and noting that the situation in Iraq is fundamentally different than that which existed when the UN Security Council adopted Resolution 661 in 1990, and in particular that the threat to international peace and security posed by the Government of Iraq no longer exists, the Parties affirm in this regard that with the termination on December 31, 2008 of the Chapter VII mandate and authorization for the multinational force contained in Resolution 1790, Iraq should return to the legal and international standing that it enjoyed prior to the adoption of UN Security Council Resolution 661 (1990), and that the United States shall use its best efforts to help Iraq take the steps necessary to achieve this by December 31, 2008.
Article 26 Iraqi Assets
1. To enable Iraq to continue to develop its national economy through the rehabilitation of its economic infrastructure, as well as providing necessary essential services to the Iraqi people, and to continue to safeguard Iraq’s revenues from oil and gas and other Iraqi resources and its financial and economic assets located abroad, including the Development Fund for Iraq, the United States shall ensure maximum efforts to:
a. Support Iraq to obtain forgiveness of international debt resulting from the policies of the former regime.
b. Support Iraq to achieve a comprehensive and final resolution of outstanding reparation claims inherited from the previous regime, including compensation requirements imposed by the UN Security Council on Iraq.
RED: Basically extending or prolonging our support to help them resolve all outstanding UN resolutions and continue to monitor their use of DFI funds..(which I have not seen an extension on DFI yet)
2. Recognizing and understanding Iraq’s concern with claims based on actions perpetrated by the former regime, the President of the United States has exercised his authority to protect from United States judicial process the Development Fund for Iraq and certain other property in which Iraq has an interest. The United States shall remain fully and actively engaged with the Government of Iraq with respect to continuation of such protections and with respect to such claims.
3. Consistent with a letter from the President of the United States to be sent to the Prime Minister of Iraq, the United States remains committed to assist Iraq in connection with its request that the UN Security Council extend the protections and other arrangements established in Resolution 1483 (2003) and Resolution 1546 (2003) for petroleum, petroleum products, and natural gas originating in Iraq, proceeds and obligations from sale thereof, and the Development Fund for Iraq.
Article 27
Deterrence of Security Threats
In order to strengthen security and stability in Iraq and to contribute to the maintenance of international peace and stability, the Parties shall work actively to strengthen the political and military capabilities of the Republic of Iraq to deter threats against its sovereignty, political independence, territorial integrity, and its constitutional federal democratic system. To that end, the Parties agree as follows:
In the event of any external or internal threat or aggression against Iraq that would violate its sovereignty, political independence, or territorial integrity, waters, airspace, its democratic system or its elected institutions, and upon request by the Government of Iraq, the Parties shall immediately initiate strategic deliberations and, as may be mutually agreed, the United States shall take appropriate measures, including diplomatic, economic, or military measures, or any other measure, to deter such a threat.
The Parties agree to continue close cooperation in strengthening and maintaining military and security institutions and democratic political institutions in Iraq, including, as may be mutually agreed, cooperation in training, equipping, and arming the Iraqi Security Forces, in order to combat domestic and international terrorism and outlaw groups, upon request by the Government of Iraq.
Iraqi land, sea, and air shall not be used as a launching or transit point for attacks against other countries.
Upon entry into force of this Agreement the Government of Iraq shall have full responsibility for the Green Zone. The Government of Iraq may request from the United States Forces limited and temporary support for the Iraqi authorities in the mission of security for the Green Zone. Upon such request, relevant Iraqi authorities shall work jointly with the United States Forces authorities on security for the Green Zone during the period determined by the Government of Iraq.
Article 29
Implementing Mechanisms
Whenever the need arises, the Parties shall establish appropriate mechanisms for implementation of Articles of this Agreement, including those that do not contain specific implementation mechanisms.
Article 30
The Period for which the Agreement is Effective
1. This Agreement shall be effective for a period of three years, unless terminated sooner by either Party pursuant to paragraph 3 of this Article.
2. This Agreement shall be amended only with the official agreement of the Parties in writing and in accordance with the constitutional procedures in effect in both countries.
3. This Agreement shall terminate one year after a Party provides written notification to the other Party to that effect.
4. This Agreement shall enter into force on January 1, 2009, following an exchange of diplomatic notes confirming that the actions by the Parties necessary to bring the Agreement into force in accordance with each Party’s respective constitutional procedures have been completed.
Signed in duplicate in Baghdad on this 17th day of November, 2008, in the English and Arabic languages, each text being equally authentic.
Ok. This agreement has been extended. How does this tie into an RV of Iraq's currency? Im not so sure it does. IMO, this allows us to remain in their country militarily and help protect US and Iraq interests inasmuch as continuing to help rebuild the infrastructure, protect them from enemies and terrorists etc...
I am looking to see if they extend the protection of DFI funds... Although I do not think that would be an indication of and RV either. These are just POSITIVE steps IMO..
Status-of-forces agreements play a vital role in preserving command authority, guaranteeing fair treatment of individual service members, and conserving scarce resources. Consequently, an important first question to ask in planning an Air Force operation or activity overseas is whether an agreement exists. Your servicing legal office can help you answer this question. How to proceed in the absence of a status-of-forces agreement is a separate matter requiring a decision at the highest policy level.
Status-of-forces agreements are not basing or access agreements. Rather, they define the legal status of U.S. personnel and property in the territory of another nation. The purpose of such an agreement is to set forth rights and responsibilities between the United States and the host government on such matters as criminal and civil jurisdiction, the wearing of the uniform, the carrying of arms, tax and customs relief, entry and exit of personnel and property, and resolving damage claims.
Status-of-forces agreements generally come in three forms. These include administrative and technical staff status under the Vienna Convention on Diplomatic Privileges, commonly referred to as A and T status; a "mini" status-of-forces agreement, often used for a short-term presence, such as an exercise; and a full-blown, permanent status-of-forces agreement. The appropriate arrangement is dependent upon the nature and duration of U.S. military activity within the host country, the maturity of our relationship with that country, and the prevailing political situation in the host nation. Specialists who work status-of-forces agreement issues within the Air Force, the office of the secretary of defense, and the department of state are available to help make this assessment and to assist in negotiating any necessary agreements.
The SOFA is usually an integral part of the overall military bases agreement that allows U.S. military forces to operate within the host country. Each SOFA is negotiated separately with the host country (although the United States has a multilateral SOFA with NATO members). Generally speaking, SOFAs have no standard points of differences; some, however, may deal with particular circumstances unique to particular country.
Negotiating a SOFA begins with the assumption that the presence of U.S. military forces is in the interests of the host government as well as the U.S. government. The starting proposition is that the host country exercises complete authority over all of its territory and over anyone who is in that territory, subject to any agreements that make exceptions to that authority.
Although each SOFA is unique, all SOFAs normally deal with issues necessary for day-to-day business, such as entry and exit of forces, entry and exit of personal belongings (i.e. automobiles), labor, claims and contractors, and susceptibility to income and sales taxes. In situations where U.S. forces will be present for a lengthy period, SOFAs may also deal with ancillary activities such as postal offices, and recreation and banking facilities.
More importantly, SOFAs deal with civil and criminal jurisdiction. They are a vital means by which the Department of Defense carries out its policy directive "to protect, to the maximum extent possible, the rights of United States personnel who may be subject to criminal trial by foreign courts and imprisonment in foreign prisons."
Most SOFAs recognize the right of the host government to "primary jurisdiction," which is to say the host country exercises jurisdiction for all cases in which U.S. military personnel violate the host country's laws. There are two exceptions, however, which generally apply only in criminal cases involving U.S. forces personnel: When the offense is committed by Americans against Americans ("inter se" cases), and when the offense is committed by Americans in carrying out official duty. In these situations, the United States has primary jurisdiction over the accused American.
As a minimum, these agreements uniformly provide that the United States-and not the foreign government-has the primary right to exercise criminal jurisdiction over U.S. personnel for offenses arising out of the performance of official duty. In this way, the U.S. government ensures that its officers and employees remain accountable only to it for the way in which they perform their functions and duties. In those agreements that give host nations primary jurisdiction over some offenses, other than official duty, Department of Defense personnel are protected by fair trial guarantees, including provision of defense counsel, interpreters, trial observers, and prison visits. Similarly, relief from taxes and customs duties conserve limited defense dollars. Claims provisions provide for prompt payment to third parties who have suffered loss or injury as a result of U.S. military activity, but within a formula of checks and balances that protects against excessive claims while maintaining good host nation relations.
In 1998, 5,092 cases were processed by host country governments under SOFA -- these included minor offenses involving the operation of motor vehicles, such as reckless driving. And as of June 1, 1999, there were 41 military personnel serving sentences in foreign prisons.
U.S. military commanders are responsible for seeing that individuals under their authority who run afoul with host-county laws receive fair trials from the host country under all circumstances. DoD directives list 14 "fair trial" safeguards or guarantees that are considered applicable to U.S. state court criminal proceedings by virtue of the 14th Amendment of the Constitution of the United States. These safeguards include the right of the accused person to be tried without unreasonable delay, to be tried by an impartial court, and to be protected from the use of a confession obtained by torture, threats, or violence.
Under American law, the burden of proof is on the government in all criminal trials. While U.S. military commanders must consider U.S. trial rights, they are directed by DoD not to consider a trial by the host country unfair merely because it is not identical with trials held in the United States. Nonetheless, if the U.S. commanding officer believes an American under his authority is not being protected under the host country's legal system because of the absence or denial of constitutional rights the accused would enjoy in the United States, he will request that the host country waive its SOFA rights. If the host country authorities refuse, the U.S. commander will inform the Department of State to press the request through diplomatic channels. U.S. military commanders may seek waivers from the host country for reasons other than the absence of trial protection, and in most countries waivers are routinely granted.
Differences in culture and differences in legal approach can cause problems. Some of the crimes that the local government may consider to be very egregious, the United States may not and vice a versa. The U.S. government, however, is very much concerned that justice be done, that the accused be punished appropriately, and that the case be settled within a reasonable period of time. In some countries, it is not unusual for a case to take five years for completion. In contrast, the U.S. military strives to process a case within 90 days.
The United States recognizes that as threat perception diminishes around the world, so too does general tolerance for the presence of foreign troops. In addition, there is a growing misperception by almost every country that the SOFA in that country favors the United States, particularly vis-a-vis SOFAs in other countries.
Today's world is a complex one. Not only does the US continue to station forces at fixed bases in Europe and in the Pacific, but the US is are pursuing initiatives that include access arrangements to support force projection and the Partnership for Peace program. Other initiatives, which were previously used, are being pursued with greater intensity-foreign military sales, exercises, individual and unit exchanges, and visits. In addition to traditional military operations and humanitarian relief efforts, the US is now engaged in new undertakings such as drug interdiction and U.N. peace operations.
At the end of the Cold War, the U.S. had permanent status of forces agreements with approximately 40 countries. Today the number has grown to more than 90 which means the U.S. has agreements with 46 percent of the more than 190 nation-states comprising the world community. The U.S. government and the Department of Defense has devoted considerable attention to these agreements over the past few years. For any overseas activity, whether an access arrangement, peacekeeping, military exercise or foreign military sales case, unit exchange or aircraft visit, careful thought should be given to the questions of what status-of-forces agreement arrangements exist and what additional arrangements are necessary.
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