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Us State Department Sofa Agreements

Posted on April 13th, 2021 in Uncategorized by

 

This announcement became a source of interest to Congress115, in part following statements by Bush administration officials that such an agreement would not be submitted to the legislative branch for approval, although the United States may have been required to provide “security guarantees” to Iraq.116 Several hearings were held at the 110th Congress on the proposed security agreement. In late 2007, Congress passed the Emergency Supplemental Appropriations Act for Defense (2008), which contained a provision limiting the resources it had made available because they were used by U.S. authorities, 117 In October 2008, Congress passed the Duncan Hunter National Defense Authorization Act for fiscal year 2009, which a report by the Chairman to the Committees on Foreign Affairs and Armed Services of the House of Representatives and the Committees on Foreign Relations and Armed Services of the Senate on any agreement between the United States and Iraq on specific issues, including security guarantees or U.S. obligations, fundamental rights and the status of U.S. forces in Iraq 118 Several legislative proposals have been presented , which would have required either submitting such an agreement to the Senate for consultation and approval. The Department of Defense Directive 5525.1 contains SOFA-specific guidelines and information.14 The Ministry of Defence`s policy is to “protect as much as possible the rights of US personnel who may be exposed to criminal proceedings by foreign courts and prison sentences in foreign prisons.” 15 The Directive responds to the Senate`s reservations with respect to NATO SOFA by stating that, although the reservations accompanying its ratification apply only to NATO member states, if they are applicable, comparable reservations apply to future SOFA. In particular, the directive specifies that “the same procedures for protecting the interests of U.S. personnel under foreign jurisdiction” are applied where feasible in the overseas territories where U.S. forces are stationed.16 The Strategic Framework Agreement is a non-legislative political agreement under which the parties commit to cooperate in a number of areas, including diplomatic, security, economic, cultural and repressive issues. In the area of security, the agreement provides that the United States and Iraq “continue to promote close cooperation on defence and security agreements” that must be implemented in accordance with the provisions of the security agreement. The strategic framework agreement also states that “the temporary presence of U.S. forces in Iraq is at the request and invitation of the sovereign government of Iraq” and that the United States “must not use the Iraqi country, sea or air as a starting point or transit to attack other countries[], aspire or not seek permanent bases or a permanent military presence in Iraq.” There are no formal requirements for the content, details and length of a CANAPÉ.

A CANAPÉ can apply to the criminal and civil justice system, uniforms, taxes and fees, carrying weapons, using radio spectrum, licensing requirements and customs rules. The United States has completed SOFAs as short as one page and more than 200 pages. For example, the United States and Bangladesh exchanged notes for a joint exercise in 199817, which provide for the status of U.S. forces.18 The agreement is activity/exercise-specific, consists of five clauses and is on one page. The United States and Botswana exchanged notes that provide for the status of armed forces “that may temporarily reside in Botswana, in association with exercises, humanitarian aid or other activities on which our two governments can agree.” 19 The agreement is similar to its scope of the agreement with Bangladesh and appears on one page.

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