{ "id": "RL34531", "type": "CRS Report", "typeId": "REPORTS", "number": "RL34531", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 402845, "date": "2012-03-15", "retrieved": "2016-04-06T21:50:09.195607", "title": "Status of Forces Agreement (SOFA): What Is It, and How Has It Been Utilized?", "summary": "The deadly attacks on Afghan civilians allegedly by a U.S. servicemember 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. SOFAs are multilateral or bilateral agreements that generally establish the framework under which U.S. military personnel operate in a foreign country and how domestic laws of the foreign jurisdiction apply toward U.S. personnel in that country.\nFormal 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.\nSOFAs 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.\nIn 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. The Government of Afghanistan has further explicitly authorized the U.S. government to exercise criminal jurisdiction over U.S. personnel. Thus, under the existing SOFA, the United States would have jurisdiction over the prosecution of the servicemember who allegedly attacked the Afghan civilians.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL34531", "sha1": "409e82766f0d8e4f1f11ededb4cf0962e6a39155", "filename": "files/20120315_RL34531_409e82766f0d8e4f1f11ededb4cf0962e6a39155.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL34531", "sha1": "3bf7f5ba182427a3400533a18caff37ebc152621", "filename": "files/20120315_RL34531_3bf7f5ba182427a3400533a18caff37ebc152621.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc228077/", "id": "RL34531_2011Jan05", "date": "2011-01-05", "retrieved": "2013-11-05T18:07:05", "title": "Status of Forces Agreement (SOFA): What Is It, and How Has It Been Utilized?", "summary": "Report concerning multilateral and bilateral Status of Force Agreements (SOFAs). Topics include the common traits of SOFAs, historical examples, and current examples.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20110105_RL34531_e638d6a1c0a9c4e1543e100c0a2b445907537eec.pdf" }, { "format": "HTML", "filename": "files/20110105_RL34531_e638d6a1c0a9c4e1543e100c0a2b445907537eec.html" } ], "topics": [ { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Armed forces abroad", "name": "Armed forces abroad" }, { "source": "LIV", "id": "Military operations", "name": "Military operations" }, { "source": "LIV", "id": "International affairs", "name": "International affairs" }, { "source": "LIV", "id": "Military agreements", "name": "Military agreements" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc26278/", "id": "RL34531_2009Jun18", "date": "2009-06-18", "retrieved": "2010-07-07T17:39:19", "title": "Status of Forces Agreement (SOFA): What Is It, and How Has It Been Utilized?", "summary": "Multilateral and bilateral agreements addressing the status of U.S. armed forces abroad are commonly referred to as Status of Force Agreements (SOFAs). SOFAs establish the framework under which military personnel operate in a foreign country. 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.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20090618_RL34531_2281ddfeb6c21519b8b4758cc6fd6690972ac4e0.pdf" }, { "format": "HTML", "filename": "files/20090618_RL34531_2281ddfeb6c21519b8b4758cc6fd6690972ac4e0.html" } ], "topics": [ { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Armed forces abroad", "name": "Armed forces abroad" }, { "source": "LIV", "id": "Military operations", "name": "Military operations" }, { "source": "LIV", "id": "International affairs", "name": "International affairs" }, { "source": "LIV", "id": "Military agreements", "name": "Military agreements" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc461967/", "id": "RL34531_2008Dec01", "date": "2008-12-01", "retrieved": "2014-12-05T09:57:41", "title": "Status of Forces Agreement (SOFA): What Is It, and How Has It Been Utilized?", "summary": "This report discusses the provisions of multilateral and bilateral agreements addressing the status of U.S. armed forces abroad, which are commonly referred to as Status of Force Agreements (SOFA), and provides a survey of current SOFAs.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20081201_RL34531_8ded339e3f23956201fbdec88e2f89ba1cb4f63c.pdf" }, { "format": "HTML", "filename": "files/20081201_RL34531_8ded339e3f23956201fbdec88e2f89ba1cb4f63c.html" } ], "topics": [ { "source": "LIV", "id": "Defense policy", "name": "Defense policy" }, { "source": "LIV", "id": "Armed forces abroad", "name": "Armed forces abroad" }, { "source": "LIV", "id": "International affairs", "name": "International affairs" }, { "source": "LIV", "id": "Military operations", "name": "Military operations" }, { "source": "LIV", "id": "Military agreements", "name": "Military agreements" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc700890/", "id": "RL34531_2008Jun16", "date": "2008-06-16", "retrieved": "2015-08-27T16:20:31", "title": "Status of Forces Agreement (SOFA): What Is It, and How Might One Be Utilized In Iraq?", "summary": "This report discusses 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.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080616_RL34531_480368f47fb1335eaecf54067f68b899bb92c63b.pdf" }, { "format": "HTML", "filename": "files/20080616_RL34531_480368f47fb1335eaecf54067f68b899bb92c63b.html" } ], "topics": [ { "source": "LIV", "id": "Military policy", "name": "Military policy" }, { "source": "LIV", "id": "Military occupation", "name": "Military occupation" }, { "source": "LIV", "id": "Congress and military policy", "name": "Congress and military policy" } ] } ], "topics": [ "Foreign Affairs", "Intelligence and National Security", "National Defense" ] }