Transcription of Status of Forces Agreement (SOFA): What Is It, and How Has ...
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CRS Report for CongressPrepared for Members and Committees of Congress Status of Forces Agreement (SOFA): What Is It, and How Has It Been Utilized? R. Chuck Mason Legislative Attorney March 15, 2012 Congressional Research Service 7-5700 RL34531 Status of Forces Agreement (SOFA): What Is It, and How Has It Been Utilized? Congressional Research Service Summary The deadly attacks on Afghan civilians allegedly by a 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 military personnel operate in a foreign country and how domestic laws of the foreign jurisdiction apply toward personnel in that country. Formal requirements concerning form, content, length, or title of a SOFA do not exist.
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.
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