Status Of Forces Agreement Sofa What Is It And How Has It Been Utilized

The U.S. has been party to multilateral and bilateral agreements addressing the status of U.S. armed forces while present in a foreign country. This report discusses these agreements, commonly referred to as Status of Forces Agreements (SOFAs), which generally establish the framework under which U.S. military personnel operate in a foreign country, addressing how the domestic laws of the foreign jurisdiction shall be applied toward U.S. personnel while in that country. A SOFA may include many provisions, but the most common issue addressed is which country may exercise criminal jurisdiction over U.S. personnel. The U.S. is currently party to more than 100 agreements that may be considered SOFAs. Includes a list of current agreements.

The United States has been party to multilateral and bilateral agreements addressing the status of U.S. armed forces while present in a foreign country. These agreements, commonly referred to as Status of Forces Agreements (SOFAs), generally establish the framework under which U.S. military personnel operate in a foreign country, addressing how the domestic laws of the foreign jurisdiction shall be applied toward U.S. personnel while in that country. Formal requirements concerning form, content, length, or title of a SOFA do not exist. A SOFA may be written for a specific purpose or activity, or it may anticipate a longer-term relationship and provide for maximum flexibility and applicability. It is generally a stand-alone document concluded as an executive agreement. A SOFA may include many provisions, but the most common issue addressed is which country may exercise criminal jurisdiction over U.S. personnel. Other provisions that may be found in a SOFA include, but are not limited to, the wearing of uniforms, taxes and fees, carrying of weapons, use of radio frequencies, licenses, and customs regulations. SOFAs are often included, along with other types of military agreements, as part of a comprehensive security arrangement with a particular country. A SOFA itself does not constitute a security arrangement; rather, it establishes the rights and privileges of U.S. personnel present in a country in support of the larger security arrangement. SOFAs may be entered based on authority found in previous treaties and congressional actions or as sole executive agreements. The United States is currently party to more than 100 agreements that may be considered SOFAs. A list of current agreements included at the end of this report is categorized in tables according to the underlying source of authority, if any, for each of the SOFAs.

The deadly attacks on Afghan civilians allegedly by a U.S. service member have raised questions regarding the Status of Forces Agreement (SOFA) in place between the United States and Afghanistan that would govern whether Afghan law would apply in this circumstance. In the case of Afghanistan, the SOFA, in force since 2003, provides that U.S. Department of Defense military and civilian personnel are to be accorded status equivalent to that of U.S. Embassy administrative and technical staff under the Vienna Convention on Diplomatic relations of 1961. Accordingly, U.S. personnel are immune from criminal prosecution by Afghan authorities and are immune from civil and administrative jurisdiction except with respect to acts performed outside the course of their duties. Under the existing SOFA, the United States would have jurisdiction over the prosecution of the service member who allegedly attacked the Afghan civilians.

The U.S. has been involved in military operations in Iraq since March of 2003. Congress has several tools by which to exercise oversight regarding negotiation, form, conclusion, and implementation of agreements by the U.S. The agreements with Iraq were negotiated and concluded as executive agreements and entered into force on Jan. 1, 2009, and yet there remain many unanswered questions about the specific terms within the Status of Forces Agreements (SOFA). This report discusses the historical legal framework governing U.S. military operations in Iraq and then provides a general background as to the content of agreements traditionally considered SOFAs. Also discusses specific aspects of the SOFA.

Considers legislation to revise the NATO Status of Forces Agreements and similar agreements.

This book provides a comprehensive analysis of treaties practice in American law from the 1980s to the present.