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SOFA Agreement (English)


Adam Montana
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Scott sent this to a member, who forwarded it to me. Thanks!

Agreement

Between the United States of America and the Republic of Iraq

On the Withdrawal of United States Forces from Iraq and the

Organization of Their Activities during Their Temporary Presence in

Iraq

Preamble

The United States of America and the Republic of Iraq, referred to hereafter

as

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Article 5

Property Ownership

1. Iraq owns all buildings, non-relocatable structures, and assemblies

connected to the soil that exist on agreed facilities and areas, including those

that are used, constructed, altered, or improved by the United States Forces.

2. Upon their withdrawal, the United States Forces shall return to the

Government of Iraq all the facilities and areas provided for the use of the

combat forces of the United States, based on two lists. The first list of

agreed facilities and areas shall take effect upon the entry into force of the

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Agreement. The second list shall take effect no later than June 30, 2009, the

date for the withdrawal of combat forces from the cities, villages, and

localities. The Government of Iraq may agree to allow the United States

Forces the use of some necessary facilities for the purposes of this

Agreement on withdrawal.

3. The United States shall bear all costs for construction, alterations, or

improvements in the agreed facilities and areas provided for its exclusive

use. The United States Forces shall consult with the Government of Iraq

regarding such construction, alterations, and improvements, and must seek

approval of the Government of Iraq for major construction and alteration

projects. In the event that the use of agreed facilities and areas is shared,

the two Parties shall bear the costs of construction, alterations, or

improvements proportionately.

4. The United States shall be responsible for paying the costs for services

requested and received in the agreed facilities and areas exclusively used by

it, and both Parties shall be proportionally responsible for paying the costs

for services requested and received in joint agreed facilities and areas.

5. Upon the discovery of any historical or cultural site or finding any

strategic resource in agreed facilities and areas, all works of construction,

upgrading, or modification shall cease immediately and the Iraqi

representatives at the Joint Committee shall be notified to determine

appropriate steps in that regard.

6. The United States shall return agreed facilities and areas and any non-

relocatable structures and assemblies on them that it had built, installed, or

established during the term of this Agreement, according to mechanisms and

priorities set forth by the Joint Committee. Such facilities and areas shall be

handed over to the Government of Iraq free of any debts and financial

burdens.

7. The United States Forces shall return to the Government of Iraq the

agreed facilities and areas that have heritage, moral, and political

significance and any non-relocatable structures and assemblies on them that

it had built, installed, or established, according to mechanisms, priorities,

and a time period as mutually agreed by the Joint Committee, free of any

debts or financial burdens.

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8. The United States Forces shall return the agreed facilities and areas to the

Government of Iraq upon the expiration or termination of this Agreement, or

earlier as mutually agreed by the Parties, or when such facilities are no

longer required as determined by the JMOCC, free of any debts or financial

burdens.

9. The United States Forces and United States contractors shall retain title to

all equipment, materials, supplies, relocatable structures, and other movable

property that was legitimately imported into or legitimately acquired within

the territory of Iraq in connection with this Agreement.

Article 6

Use of Agreed Facilities and Areas

1. With full respect for the sovereignty of Iraq, and as part of exchanging

views between the Parties pursuant to this Agreement, Iraq grants access and

use of agreed facilities and areas to the United States Forces, United States

contractors, United States contractor employees, and other individuals or

entities as agreed upon by the Parties.

2. In accordance with this Agreement, Iraq authorizes the United States

Forces to exercise within the agreed facilities and areas all rights and powers

that may be necessary to establish, use, maintain, and secure such agreed

facilities and areas. The Parties shall coordinate and cooperate regarding

exercising these rights and powers in the agreed facilities and areas of joint

use.

3. The United States Forces shall assume control of entry to agreed facilities

and areas that have been provided for its exclusive use. The Parties shall

coordinate the control of entry into agreed facilities and areas for joint use

and in accordance with mechanisms set forth by the JMOCC. The Parties

shall coordinate guard duties in areas adjacent to agreed facilities and areas

through the JMOCC.

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Article 7

Positioning and Storage of Defense Equipment

The United States Forces may place within agreed facilities and areas and in

other temporary locations agreed upon by the Parties defense equipment,

supplies, and materials that are required by the United States Forces in

connection with agreed activities under this Agreement. The use and storage

of such equipment shall be proportionate to the temporary missions of the

United States Forces in Iraq pursuant to Article 4 of this Agreement and

shall not be related, either directly or indirectly, to systems of weapons of

mass destruction (chemical weapons, nuclear weapons, radiological

weapons, biological weapons, and related waste of such weapons). The

United States Forces shall control the use and relocation of defense

equipment that they own and are stored in Iraq. The United States Forces

shall ensure that no storage depots for explosives or munitions are near

residential areas, and they shall remove such materials stored therein. The

United States shall provide the Government of Iraq with essential

information on the numbers and types of such stocks.

Article 8

Protecting the Environment

Both Parties shall implement this Agreement in a manner consistent with

protecting the natural environment and human health and safety. The United

States reaffirms its commitment to respecting applicable Iraqi environmental

laws, regulations, and standards in the course of executing its policies for the

purposes of implementing this Agreement.

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Article 9

Movement of Vehicles, Vessels, and Aircraft

1. With full respect for the relevant rules of land and maritime safety and

movement, vessels and vehicles operated by or at the time exclusively for

the United States Forces may enter, exit, and move within the territory of

Iraq for the purposes of implementing this Agreement. The JMOCC shall

develop appropriate procedures and rules to facilitate and regulate the

movement of vehicles.

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2. With full respect for relevant rules of safety in aviation and air

navigation, United States Government aircraft and civil aircraft that are at

the time operating exclusively under a contract with the United States

Department of Defense are authorized to over-fly, conduct airborne

refueling exclusively for the purposes of implementing this Agreement over,

and land and take off within, the territory of Iraq for the purposes of

implementing this Agreement. The Iraqi authorities shall grant the

aforementioned aircraft permission every year to land in and take off from

Iraqi territory exclusively for the purposes of implementing this Agreement.

United States Government aircraft and civil aircraft that are at the time

operating exclusively under a contract with the United States Department of

Defense, vessels, and vehicles shall not have any party boarding them

without the consent of the authorities of the United States Forces. The Joint

Sub-Committee concerned with this matter shall take appropriate action to

facilitate the regulation of such traffic.

3. Surveillance and control over Iraqi airspace shall transfer to Iraqi

authority immediately upon entry into force of this Agreement.

4. Iraq may request from the United States Forces temporary support for the

Iraqi authorities in the mission of surveillance and control of Iraqi air space.

5. United States Government aircraft and civil aircraft that are at the time

operating exclusively under contract to the United States Department of

Defense shall not be subject to payment of any taxes, duties, fees, or similar

charges, including overflight or navigation fees, landing, and parking fees at

government airfields. Vehicles and vessels owned or operated by or at the

time exclusively for the United States Forces shall not be subject to payment

of any taxes, duties, fees, or similar charges, including for vessels at

government ports. Such vehicles, vessels, and aircraft shall be free from

registration requirements within Iraq.

6. The United States Forces shall pay fees for services requested and

received.

7. Each Party shall provide the other with maps and other available

information on the location of mine fields and other obstacles that can

hamper or jeopardize movement within the territory and waters of Iraq.

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Article 10

Contracting Procedures

The United States Forces may select contractors and enter into contracts in

accordance with United States law for the purchase of materials and services

in Iraq, including services of construction and building. The United States

Forces shall contract with Iraqi suppliers of materials and services to the

extent feasible when their bids are competitive and constitute best value.

The United States Forces shall respect Iraqi law when contracting with Iraqi

suppliers and contractors and shall provide Iraqi authorities with the names

of Iraqi suppliers and contractors, and the amounts of relevant contracts.

Article 11

Services and Communications

1. The United States Forces may produce and provide water, electricity, and

other services to agreed facilities and areas in coordination with the Iraqi

authorities through the Joint Sub-Committee concerned with this matter.

2. The Government of Iraq owns all frequencies. Pertinent Iraqi authorities

shall allocate to the United States Forces such frequencies as coordinated by

both Parties through the JMOCC. The United States Forces shall return

frequencies allocated to them at the end of their use not later than the

termination of this Agreement.

3. The United States Forces shall operate their own telecommunications

systems in a manner that fully respects the Constitution and laws of Iraq and

in accordance with the definition of the term

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Article may proceed only in accordance with these procedures and

mechanisms.

9. Pursuant to paragraphs 1 and 3 of this Article, United States Forces

authorities shall certify whether an alleged offense arose during duty status.

In those cases where Iraqi authorities believe the circumstances require a

review of this determination, the Parties shall consult immediately through

the Joint Committee, and United States Forces authorities shall take full

account of the facts and circumstances and any information Iraqi authorities

may present bearing on the determination by United States Forces

authorities.

10. The Parties shall review the provisions of this Article every 6 months

including by considering any proposed amendments to this Article taking

into account the security situation in Iraq, the extent to which the United

States Forces in Iraq are engaged in military operations, the growth and

development of the Iraqi judicial system, and changes in United States and

Iraqi law.

Article 13

Carrying Weapons and Apparel

Members of the United States Forces and of the civilian component may

possess and carry weapons that are owned by the United States while in Iraq

according to the authority granted to them under orders and according to

their requirements and duties. Members of the United States Forces may

also wear uniforms during duty in Iraq.

Article 14

Entry and Exit

1. For purposes of this Agreement, members of the United States Forces and

of the civilian component may enter and leave Iraq through official places of

embarkation and debarkation requiring only identification cards and travel

orders issued for them by the United States. The Joint Committee shall

assume the task of setting up a mechanism and a process of verification to be

carried out by pertinent Iraqi authorities.

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2. Iraqi authorities shall have the right to inspect and verify the lists of

names of members of the United States Forces and of the civilian component

entering and leaving Iraq directly through the agreed facilities and areas.

Said lists shall be submitted to Iraqi authorities by the United States Forces.

For purposes of this Agreement, members of the United States Forces and of

the civilian component may enter and leave Iraq through agreed facilities

and areas requiring only identification cards issued for them by the United

States. The Joint Committee shall assume the task of setting up a

mechanism and a process for inspecting and verifying the validity of these

documents.

Article 15

Import and Export

1. For the exclusive purposes of implementing this Agreement, the United

States Forces and United States contractors may import, export (items

bought in Iraq), re-export, transport, and use in Iraq any equipment, supplies,

materials, and technology, provided that the materials imported or brought in

by them are not banned in Iraq as of the date this Agreement enters into

force. The importation, re-exportation, transportation, and use of such items

shall not be subject to any inspections, licenses, or other restrictions, taxes,

customs duties, or any other charges imposed in Iraq, as defined in Article 2,

paragraph 10. United States Forces authorities shall provide to relevant Iraqi

authorities an appropriate certification that such items are being imported by

the United States Forces or United States contractors for use by the United

States Forces exclusively for the purposes of this Agreement. Based on

security information that becomes available, Iraqi authorities have the right

to request the United States Forces to open in their presence any container in

which such items are being imported in order to verify its contents. In

making such a request, Iraqi authorities shall honor the security requirements

of the United States Forces and, if requested to do so by the United States

Forces, shall make such verifications in facilities used by the United States

Forces. The exportation of Iraqi goods by the United States Forces and

United States contractors shall not be subject to inspections or any

restrictions other than licensing requirements. The Joint Committee shall

work with the Iraqi Ministry of Trade to expedite license requirements

consistent with Iraqi law for the export of goods purchased in Iraq by the

United States Forces for the purposes of this Agreement. Iraq has the right

to demand review of any issues arising out of this paragraph. The Parties

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shall consult immediately in such cases through the Joint Committee or, if

necessary, the Joint Ministerial Committee.

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

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determined and imposed in the territory of Iraq, unless in return for services

requested and received.

Article 17

Licenses or Permits

1. Valid driver

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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

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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

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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.

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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.

Article 23

Implementation

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

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Withdrawal of the United States Forces from Iraq

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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

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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

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