Status Of Forces Agreements (Sofa)

There is agreement on the status of U.S. Department of Defense military and civilian personnel in Afghanistan as part of cooperation efforts in terrorism, humanitarian and civic assistance, military training and exercises, and other activities.45 These personnel must be granted “equivalent status to the administrative and technical personnel” of the U.S. Embassy. , in accordance with the Vienna Convention on Diplomatic Relations in Vienna of 1961.46. , U.S. personnel are immune from criminal prosecution by the Afghan authorities, and are immune from civil and administrative jurisdiction, except for acts committed outside its duties.47 In the agreement, the Interim Islamic Administration of Afghanistan (ITGA)48 explicitly authorizes the U.S. government to exercise criminal jurisdiction over U.S. personnel, and the Government of Afghanistan is not authorized to transfer U.S. personnel to the custody of another state. , international tribunal or any other institution without the approval of the U.S.

government. Although the agreement was signed by ITGA, the government of the Islamic Republic of Afghanistan, subsequently elected, assumed responsibility for ITGA`s legal obligations and the agreement remains in force. The agreement does not appear to create immunity for contract staff. While the U.S. military has the largest presence abroad, making it most SOFAs, the United Kingdom, France, Australia, Germany[2] Italy, Russia, Spain and many other nations also deploy military personnel abroad and negotiate SOFAs with their host countries. In the past, the Soviet Union had SOFS with most of its satellite states. While most SOFS in the United States are public, some remain classified. [3] In 1941, the United States entered into an agreement with the United Kingdom on the leasing of naval and air bases in Newfoundland, Bermuda, Jamaica, St. Lucia, Antigua and Trinity and British Guiana.146 The agreement not only determined the physical site that was leased, but also the status of U.S. personnel staying in the rented community.

The rental contract was certainly not a self-contained sofa, but it served the purpose of a SOFA on the sites listed. In the 1950s, 1960s and 1970s, the United States and the United Kingdom entered into other leases that contain provisions for the protection of status in rental premises. Following the terrorist attacks of September 11, 2001, the United States launched Operation Unchangeable Freedom to fight Al Qaeda and prevent the Taliban regime in Afghanistan from providing them with refuge. Shortly thereafter, the Taliban regime was overthrown by U.S. and allied forces, and the United States then concluded a series of security agreements with the new Afghan government. In 2002, the United States and Afghanistan entered into an agreement on economic subsidies under the Foreign Assistance Act of 1961,38 as amended, by changing obligations37. In addition, the agreement allows for the provision of defence, defence and related training items, in accordance with the U.S. Military Training and Education Program (IMET)39, from the U.S. government to the Interim Administration of Afghanistan (AIA). The United States is a contracting party to multilateral and bilateral agreements on the status of the United States.