The last group discussed at SOFA is that of agreements concluded as exclusive executive agreements without specific activity or exercise. These agreements contain a broad language of applicability. Some of the agreements apply to U.S. personnel “present” in a country, others apply to U.S. personnel “temporarily present” in a country. In addition to time constraints, most agreements contain a language that attempts to frame the scope of action. The activities described can be as broad as “official tasks” or specific to a specific activity class (. B, for example, humanitarian activities, exercises and/or training). 1956: Agreement on the Status of the U.S. Armed Forces in Greece The most frequently discussed topic in a SOFA is the legal protection against prosecution of U.S. personnel while they are present in a foreign country. The agreement defines the contracting party that is able to assert criminal and/or civil jurisdiction. In other words, the agreement defines how national civil and criminal laws apply to U.S.
personnel while serving in a foreign country. The United States has agreements in which it has exclusive jurisdiction, but the common agreement leads to a shared jurisdiction between the United States and the signatory country. Exclusive jurisdiction is where the United States retains the right to exercise all criminal and disciplinary jurisdictions in the event of a violation of the laws of the foreign nation while the person is present in that country. Shared jurisdiction occurs when each party to the agreement retains exclusive jurisdiction for certain criminal offences, but also allows the United States to require the host country to remove jurisdiction in favor of the United States, which exercises criminal and disciplinary jurisdiction. The right to exercise responsibility for U.S. personnel is not limited to the time a person is in a military facility. It can also cover the people of the facility. The right to jurisdiction may give rise to full immunity from the laws of the host country while the person is in that country. The United States has entered into an exchange and military visitation agreement with the Government of Mongolia.22 As part of the agreement, Article X deals with the criminal jurisdiction of U.S. personnel in Mongolia.
The language of the agreement states that “the U.S. military authorities have the right to exercise, within Mongolia, the entire criminal and disciplinary jurisdiction over the United States, vested in them by U.S. military laws. All offences committed against Mongolian laws committed by a member of the U.S. military are referred to the appropriate U.S. authorities for investigation and order. 23 The agreement allows the Government of Mongolia to ask the United States to enact jurisdiction in cases of alleged criminal conduct that has nothing to do with the official obligation 24.24 There is no obligation for the United States to waive jurisdiction solely to give a “sympathetic consideration” to such a request.25 5 Stat5. 1560; Executive Agreement Series 235 (the Agreement entitled “Leasing of Naval and Air Bases” stipulates that bases and facilities will be leased in the United States for a period of ninety-nine years, without fees and rents. A typical rental agreement involves an agreement of a landlord to transfer premises specially described for a specified period and in exchange for remuneration or rent in the sole possession of the taker.