HT0011-20-R-0043 HFAS PWS Attachment 7 - Status of Force Agreements (SOFAs).pdf

HT0011-20-R-0043

Attachment 7 – Status of Force Agreement(s)

Contractors authorized to accompany the Force (CAAF)

STATUS OF FORCE AGREEMENT (SOFA)

State of Japan Regarding State of Japan SOFA with the United States of America

SOFA Status Article 1(b) ‘Civilian Component’ for Contractor Performance

I. IDENTIFICATION CREDENTIALS FOR OFFICIAL TRAVEL - DoD-sponsored contractors:

a. Passport required.

b. Visa required for personnel not covered under the SOFA. (For definition of SOFA personnel see below).

Definition of SOFA personnel - The Status of Forces Agreement with Japan covers the categories of personnel listed below:

a. Members of the armed forces, which includes any US military member who is currently serving with the US armed forces, including the US Coast Guard, who is physically within the territory of Japan or who is assigned or attached in Japan. This includes members of the reserves undergoing training in Japan in accordance with service regulations. This does not, however, apply to persons with diplomatic status attached to the US Embassy for administrative purposes.

b. Member of the Civilian Component which includes:

(1) Appropriated fund civilian employees of the United States armed forces in Japan;

(2) Non-appropriated fund organization civilian employees under the supervision of the United States armed forces in

Japan;

(3) Civilian employees on United States armed forces operated vessels and aircraft. (For the purpose of Article XVII of the SOFA only, this includes crew members of contract-operated, time-chartered, and General Agency Agreement vessels which are allocated for use by the United States armed forces on a time-charter basis);

(4) Personnel of service organizations accompanying and providing direct support to the United States armed forces in

Japan whose presence in Japan is solely for official purposes in connection with the United States armed forces, including organizations such as the United Services Organization and the American Red Cross;

(5) USG employees not employed by the United States armed forces, whose presence in Japan is solely for official purposes in connection with the United States armed forces;

(6) Contractor employees who meet the following:

(a) The contractor employee’s presence in Japan is at the official invitation of the USG and solely for official purposes in connection with the United States armed forces.

(b) The contractor employee is essential to the mission of the United States armed forces and has a high degree of skill or knowledge for the accomplishment of mission requirements by fulfilling the following:

(i) Acquiring the skill and knowledge through a process of higher education or specialized training and experience; or

(ii) Possessing a security clearance recognized by the United States to perform his or her duties; or

(iii) Possessing a license or certification issued by a US Federal Department or Agency, US State, US Territory, or the District of Columbia to perform his or her duties; or

(iv) Identified by the United States armed forces as necessary in an emergent situation and will remain in Japan for less than 91 days to fulfill specialized duties; or

(v) Specifically authorized by the Joint Committee

(7) Employees operating the military banking facilities maintained in accordance with paragraph 2 of Article XX of the

SOFA; and

(8) Such persons as may be specifically authorized by the Joint Committee.

c. Dependent which includes only a person related to members of the armed forces or members of the civilian component as set out below:

(1) Spouse (which term means someone legally married to the sponsor in accordance with the laws of the jurisdiction where the marriage took place);

(2) Child under the age of 21 years of age (which term includes natural children, adopted children, step-children, and ward placed with the sponsor by a court of competent jurisdiction for the purpose of adoption)

(3) Child 21 years of age or older and parent or parent-in-law if dependent for over half their support upon a member of the United States armed forces or civilian component.

d. Questions concerning SOFA personnel on official / unofficial travel and their privileges should be referred to

Organization/Unit: COMUSJAPAN/J54 (Questions concerning SOFA personnel and their privileges), Phone: COMM:

011-81-311-755-2028 (DSN 315-225-2028).

II. CLEARANCE REQUIREMENTS- DoD-Sponsored Contractor:

(a) Country Clearance is required.

(b) Request Country Clearance via APACS. For information on APACS, see “Content of Clearance Request” below.

(c) For questions concerning Country Clearance requirements or the status of the Country Clearance for a submitted APACS request, contact USDAO Tokyo (See: “Personnel Clearance Approver” below) with the APACS request ID number.

III. THEATER CLEARANCE- DoD-Sponsored Contractor:

(a) Theater Clearance is required.

(b) Request Theater Clearance via APACS. For information on APACS, see “Content of Clearance Request” below.

(c) For questions concerning Theater Clearance requirements or the status of the Theater Clearance for a submitted APACS request, contact PACOM Theater Clearance Office, see “THEATER: Personnel Clearance Approver” below, with the APACS request ID number.

(d) Theater Clearance is required for personnel under the Force Protection (FP) responsibility of the PACOM Commander.

Theater Clearance is not required for personnel under US Embassy Chief of Mission FP responsibility, personnel traveling under PCS orders, and non-DoD military personnel.

NOTE 1: Theater Clearance is required for travel to any foreign country in the PACOM AOR regardless of point of origin.

A common misconception is that Theater Clearance is required only for travel originating from a location/country outside the PACOM AOR to a foreign country in the PACOM AOR. PACOM Theater Clearance is required for travel into and throughout the PACOM AOR, even travel from a country in the PACOM AOR to another.

IV. CONTENT OF CLEARANCE REQUEST:

1. Prepare and submit the clearance request using APACS at https://apacs.milcloud.mil/apacs, or if classified, https://apacs.milcloud.smil.mil/apacs. Complete the APACS request using the following guidance.

2. MAIN

a. Subject:

(1) In the subject line specify the highest ranked traveler, number of additional travelers, operation and/or exercise name.

b. Purpose of Travel:

(1) Give the 5W’s. (Who, What, Where, When, Why). Be detailed with reasonable specificity; and avoid acronyms.

This should be a stand-alone headline version statement that conveys the gist of the event. Do NOT just use wording such as "TDY/TAD" or "Official".

(a) Example 1: 2 ea AF Communication personnel for scheduled rotation ISO Network Ops Office, Camp

Swampy;

(b) Example 2: 2 ea Army Civil Affairs personnel for 2 iterations of 3 day mil to mil event, Buddy First Aid

Principles (TCSMIS Event: BWA ###);

(c) Example 3: 1 ea Navy logistician for Staff Augmentation to embassy OSC for a ship visit.

c. Sponsoring Agency:

(1) Select from the drop down menu which agency is paying for this travel.

d. Notes:

(1) If the APACS request is classified, include paragraph markings and downgrade instructions to ensure timely processing.

3. ITINERARY

a. Approving Organization:

(1) USDAO Tokyo processes all Country Clearance requests.

(2) PACOM Theater Clearance Office processes all Theater Clearance requests.

b. Country Required Information:

(1) All Travelers

(a) For visits to the US Embassy, government of Japan, Japanese defense-related industries, or third-country nationals, include the statement: "Concurrence is not assumed, send Country Clearance.”

(b) For visits to US military facilities, joint activities, Japanese educational institutions, or international conferences, include the statement: "Concurrence is assumed unless otherwise notified."

c. Theater Required Information:

(1) All Travelers

(a) State “Traveler(s) has submitted the PACOM Travel Tracker data (TT/IATP) Entry #_______”. TT/IATP entry number is received via separate e-mail upon submission of the TT/IATP request.

d. Location:

(1) Town/city/base the traveler will be in when in-country, be specific.

e. Organization:

(1) Organization/Conference/Lodging Name:

(a) Provide in country POC with complete contact information.

(2) Organization/Lodging Address:

(a) Provide physical address information.

f. Logistical Support:

(1) List any requirements of logistical support expected from US Embassy personnel.

(a) Example, hotel reservations, ground transportation, etc.

(2) Provide a funding cite or credit card information if logistical support (including lodging, transportation, translator services, etc.,) is requested.

4. TRAVELER

a. Mission Training Requirements:

(1) Relevant required training prior to travel, if not already addressed in the traveler section.

(a) Example: Information pertaining to the approval of the FP Plan, required statements, etc.

b. Traveler Notes:

(1) While military personnel entering Japan on official business do not require a passport, forwarding a list of their dates of birth and the numbers and places of issue of their passports along with the Aircraft Clearance Request may facilitate the processing of crew and passengers through customs, immigration, and quarantine.

(2) For DV missions, forward rank, name, passport number, date of birth, and crew position/title of crew and passengers.

5. HOME STATION POC

a. Local representative at traveler’s home station/unit who can be reached on their behalf while on travel.

b. Provide an individual from the traveler’s organization that is not a member of the traveling party.

V. Personnel Clearance Approver:

a. Organization/Unit: USDAO Tokyo

(1) Phone:

(a) Primary:

(i) AF OPSNCO: 011-81-3-3224-5387

(ii) Army OPSNCO: 011-81-3-3224-5385

(iii) OPSCO: 011-81-3-3224-5391

(b) STE/SVoIP:

(i) 011-81-3-3224-5384

(c) After Duty Hours/Emergency:

(i) Call the Marine Security Guard at 011-81-3-3224-5600 / 5605.

(2) Email:

(a) Unclassified:

(b) AF OPSNCO: SotoJP@state.gov

(c) Army OPSNCO: OssJJ@state.gov

(d) OPSCO: PalumboJT@state.gov

(3) Fax:

(a) Unclassified: 011-81-3-3224-5972

VI. THEATER: Personnel Clearance Approver

a. Organization/Unit: PACOM Theater Clearance Office

(1) Phone:

(a) Primary:

(i) COMM: 808-477-9679 / 8216 / 7203

(ii) DSN: 315-477-9679 / 8216 / 7203

(2) Email:

(a) Unclassified: pacom.theater.clnc@pacom.mil

(3) Website:

(a) Unclassified: http://www.pacom.mil/Resources/TravelRequirements.aspx

(b) Classified: http://psp.hq.pacom.smil.mil/orgareas/j3/j34/pages/default.aspx

VII. MANDATORY PRE-TRAVEL TRAINING AND DOCUMENTATION

NOTE 1: Service components may have more restrictive requirements that their military members, civilian employees, and DoD-sponsored travelers must meet prior to submitting a clearance request.

NOTE 2: FAILURE TO COMPLY WILL CAUSE DELAY AND/OR DISAPPROVAL OF TRAVEL REQUEST.

NOTE 3: DoD-sponsored contractors: In accordance with the terms of their contracts, DoD-sponsored contractors are to comply to the extent feasible with Personnel Recovery (PR) Theater Entry Requirements (TERs). Following are specific examples in which travelers are NOT required to complete PR TERs: a. DoD civilians and sponsored contractors on unofficial travel (leave). b. DoD sponsored contractors on official orders that are NOT designated under contract for Contractors Authorized to Accompany the Force (CAAF). c. Non-CAAF DoD sponsored contractors under a contract that does NOT specifically direct personnel to meet the PR TERs.

NOTE 4: PACOM MANDATORY PRE-TRAVEL REQUIREMENTS (Four (4) total requirements):

a. Travel Tracker/Individual Antiterrorism Plan (TT/IATP) (https://iatp.pacom.mil/);

b. AT Level 1 (https://jkodirect.jten.mil. Enroll in Course # JS-US007. JKO Help Desk, Monday - Friday 0700-1900 EST

E-mail: jkohelpdesk@jten.mil or COMM: 757-203-5654 or DSN: 668-5654);

c. AOR Location Specific Brief (https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html); and

d. Personnel Recovery (PR) Theater Entry Requirements (TERs) (https://www.fcg.pentagon.mil/static/PACOM_2018_05-

PACOM_PR_TERs.pdf).

1. TT/IATP Entry #: Travel Tracker/Individual Antiterrorism Plan entry number.

mailto:jkohelpdesk@jten.mil https://www.fcg.pentagon.mil/static/PACOM_2018_05-PACOM_PR_TERs.pdf

a. Applicability:

(1) Required for all US military, DoD civilians and DoD-sponsored contractors on official travel.

b. Validity:

(1) Must be completed prior to entry into the AOR.

c. Instructions:

(1) Complete TT/IATP before submitting APACS and enter TT/IATP Entry # in the APACS request.

(2) Failure to complete TT/IATP (approved by chain of command if required) before submitting the APACS will delay APACS processing and may result in denial of Theater Clearance.

(3) See attached instructions for Travel Tracker Individual AT Plan.

2. SCI Brief: Sensitive Compartmented Information briefing.

a. Applicability:

(1) All travelers with SCI clearance.

b. Validity:

(1) None reported.

c. Instructions:

(1) Travelers need to contact their local Security Manager and SSO office for requirements and information.

3. Other:

a. Civilians in TDY for official business with foreign government personnel or private officials engaged in government contract activities must report to the MDAO for orientation briefing before contacting local personnel.

VIII. LEAD-TIME

1. 30 days.

2. If lead time requirement is not met, provide justification why the visit cannot be postponed and must occur on requested dates of travel.

3. Lead-time requirements may be shortened for emergencies and in some special cases.

IX. STATE OF JAPAN SOFA CONTRACT CLAUSE:

(1) Contract to be performed in Japan. The Status of Forces Agreement between the United States and Japan (SOFA) governs the rights and obligations of the United States armed forces in Japan. Unless a contractor is present in Japan solely to perform under a contract with the United States for the sole benefit of the United States armed forces in Japan and is accorded privileges under SOFA Article XIV, it and its employees shall be subject to all the laws and regulations of Japan. Certain contractor employees and their dependents not accorded privileges under SOFA Article XIV may be accorded privileges under SOFA Article l(b)

(2) The Contractor shall comply with the instruction of the Contracting Officer concerning the entry of its employees, equipment, and supplies into Japan, and shall comply with all applicable Japanese laws and regulations as well as United States Forces Japan (USFJ) and USFJ component policies and regulations during the performance of this contract.

(3) SOFA Article l(b) Status

(A) SOFA Article l(b) status. Contractor employees performing under contracts with the United States for the provision of services in support of U.S. armed forces in Japan, and whose presence is required in Japan to provide such services, may be determined eligible to acquire SOFA status in Japan as part of the civilian component under Article l(b) of the SOFA. Article l(b) does not create a lawful status in Japan for any entity other than individuals (e.g., the company employing the individual does not acquire SOFA status under Article l(b)). To qualify for SOFA status under SOFA Article l(b), such individuals must be:

(i) United States nationals,

(ii) not ordinarily resident in Japan,

(iii) present in Japan at the invitation of, and solely for the purpose of executing contracts with, the United States for the benefit of the United States armed forces, and (iv) not contractors or employees of a contractor whose presence in Japan is solely for the purpose of executing contracts within the definition of SOFA Article XIV.

https://iatp.pacom.mil/

(B) The contracting officer may determine a proposed contractor employee's eligibility for recognition as a Member of the Civilian Component under Article l(b) of the SOFA by documenting on a Letter of Authorization (LOA) that the contractor employee is essential to the mission of the United States armed forces and has a high degree of skill of knowledge for the accomplishment of mission requirements by fulfilling one of the following:

(i) Acquiring the skill and knowledge through a process of higher education or specialized training and experience;

or

(ii) Possessing a security clearance recognized by the United States to perform his or her duties; or

(iii) Possessing a license or certification issued by a U.S. Federal Department or Agency, U.S. State, U.S. Territory, or the District of Columbia to perform his or her duties; or

(iv) Identified by the United States armed forces as necessary in an emergent situation and will remain in Japan for less than 91 days to fulfill specialized duties; or

(v) Specifically authorized by the Joint Committee.

(C) Contractor employees shall present a valid LOA, signed by the Contracting Officer, to Japanese immigration officials upon entry into Japan to receive GOJ recognition as a Member of the Civilian Component under Article l(b) of the SOFA.

(D) SOFA Article 1(b) privileges and benefits. Persons granted authority to enter Japan under SOFA Article l(b) and their dependents (defined as spouse, children under 21, and, if dependent for over half their support upon an individual having SOFA Article l(b) status, parents and children over 21) may be accorded the following benefits of the SOFA. These privileges are personal to the employee/dependent and do not inure to the employer.

(i) Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2;

(ii) Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

(iii) Acceptance as valid by Japan, without a driving test or fee, a U.S. Forces, Japan Operator's Permit for

Civilian Vehicle as provided for in SOFA Article X. Issuance of such permit shall be subject to applicable military regulation;

(iv) Exemption from customs duties and other such charges on materials, supplies, and equipment which are to be incorporated into articles or facilities used by the United States armed forces furniture, household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through United States military post offices as provided for in SOFA Article XI, paragraphs 2 and 3;

(v) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment as provided for in SOFA Article XII, paragraph 7, except that such exemption shall not apply to the employment of local nationals in Japan;

(vi) Exemption from Japanese taxes to the Government of Japan or to any other taxing agency in Japan on income received as a result of their service with the United States armed forces as provided for in SOFA Article XIII.

The provisions of Article XIII do not exempt such persons from payment of Japanese taxes on income derived from Japanese sources;

(vii) If authorized by the installation commander or designee, the right to use exchanges, commissaries, messes, social clubs, theaters, newspapers and other non-appropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV;

(viii) The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX, paragraph 2;

(ix) The use of postal facilities as provided for in SOFA Article XXI;

(x) Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan.

(xi) Japan authorities have the right to exercise jurisdiction over SOFA personnel in relation to offenses committed in Japan and punishable by the law of Japan. In those cases in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

(xii) Logistic Support. Contractor, contractor personnel, and in the case of personnel granted SOFA Article l(b) status, dependents, shall, subject to availability as determined by the installation commander or designee, be provided logistic support including, but not limited to, the items below.

(1) Base Exchange, including exchange service stations, theaters, and commissary (Article l.b personnel/dependents and Article XIV personnel only);

(2) Laundry and dry cleaning;

(3) Military banking facilities (Article l(b) personnel/dependents and Article XIV personnel only);

(4) Transient billeting facilities;

(5) Open mess (club) membership, as determined by each respective club;

(6) Casualty assistance (mortuary services) on a reimbursable basis;

(7) Routine medical care on a reimbursable basis for U.S. citizens and emergency medical care on a reimbursable basis for non-U.S. citizens;

(8) Dental care, limited to relief of emergencies on a reimbursable basis;

(9) Department of Defense Dependent Schools on a space-available and tuition-paying basis;

(10) Postal support, as authorized by military postal regulations;

(11) Local recreation services on a space-available basis;

(12) Issuance of U.S. Forces, Japan Operator's Permit;

(13) Issuance of vehicle license plates.

(4) Conduct. Civilian personnel supporting the U.S. armed forces in Japan are guests in a foreign country and must at all times conduct themselves in an honorable and credible manner. Criminal conduct and dishonorable personal behavior committed either on or off duty adversely impacts U.S. and Japanese relations, tarnishes the image of the DoD and USFJ, and hampers the Force's military readiness.

(A) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel are familiar with, and comply with, all applicable-

(i) United States, host country, and third country national laws;

(ii) Treaties and international agreements;

(iii) United States regulations, United States Armed Forces directives, instructions, policies, and procedures; and

(iv) Orders, directives, and instructions issued by supported commanders, including those relating to force protection, security, health, safety, liberty policies, alcohol-related incidents, or relations and interaction with local nationals, should serve as guideposts in all on and off duty conduct and will be used as general principles in the application of the government's discretion with regard to paragraph (B), below.

(B) Removal and replacement of Contractor personnel. The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who fail to comply with or violate applicable requirements of this contract, including those stipulated in this section. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including the termination for default or cause.

(5) Contractors shall comply with the policies and procedures described in DFARS 225.370, DFARS PGI 225.370(c)(i), USFJI 64-100, "Contract Performance in Japan," and USFJI 36- 2811, "Indoctrination Training Programs."

(End of Clause)

ATTACHMENTS:

USFJI 64-100 - Contract Performance in Japan (Instruction):

http://www.usfj.mil/LinkClick.aspx?fileticket=D6AQDQWhpRg%3d&tabid=9522&portalid=80&mid=94041 USFJ FORM 27 - Contractor Employee Acknowledgement Form:

http://www.usfj.mil/LinkClick.aspx?fileticket=zU2s8uTbc4k%3d&tabid=9522&portalid=80&mid=94041 USFJ FORM 28 (USFJI 64-100, Attachment 1) - Letter of Authorization (LOA):

http://www.usfj.mil/LinkClick.aspx?fileticket=DUlO2L_8GFM%3d&tabid=9522&portalid=80&mid=94041 Instructions and forms specific to Marine Corps Air Station, Iwakuni, Japan (Click on “Contractors and Civilian Employees”):

http://www.mcasiwakuni.marines.mil/Organizations/Station/SJA/SOFA.aspx http://www.usfj.mil/LinkClick.aspx?fileticket=D6AQDQWhpRg%3d&tabid=9522&portalid=80&mid=94041 http://www.usfj.mil/LinkClick.aspx?fileticket=zU2s8uTbc4k%3d&tabid=9522&portalid=80&mid=94041 http://www.usfj.mil/LinkClick.aspx?fileticket=DUlO2L_8GFM%3d&tabid=9522&portalid=80&mid=94041 http://www.mcasiwakuni.marines.mil/Organizations/Station/SJA/SOFA.aspx

Republic of Korea Regarding Republic of Korea SOFA with the United States of America

SOFA Status Invited Contractor or Technical Representative Status

I. IDENTIFICATION CREDENTIALS FOR OFFICIAL TRAVEL - DoD-sponsored contractors:

a. Passport required.

b. Visa requirements (Contractors covered under SOFA (i.e., supporting US military):

(1) Personnel staying less than 90 days obtain an entry stamp upon arrival in Korea. Traveler must exit Korea prior to the entry stamp expiration date or obtain an A-3 Visa.

(2) Personnel staying more than 90 days MUST obtain an A-3 Visa within 90 days after arrival in Korea.

c. All DoD-sponsored contractors, regardless of length of stay, MUST obtain SOFA designation prior to performing contract work in the Republic of Korea. Contractors must have a USFK 700-19 Form completed and stamped. Refer to the following web site for complete instructions: http://www.usfk.mil/Organization/Acquisition-Management-FKAQ/.

d. Visa required for non-SOFA personnel. Visa must be obtained prior to arrival.

(b) Request Country Clearance via APACS. For information on APACS, see “Content of Clearance” below.

(c) For questions concerning Country Clearance requirements or the status of the Country Clearance for a submitted APACS request, contact the appropriate organization according to “PERSONNEL CLEARANCE APPROVER”, below with the APACS request ID number.

(d) DoD-sponsored contractors traveling TDY/PCS to Korea in support of the US Armed Forces or other armed forces in the ROK under the Unified Command receiving logistics support from the US Armed Forces under the US-ROK Status of Forces Agreement must submit USFK Form 700-19A-R-E in accordance with USFK_Reg_700_19 to establish Invited Contractor (IC) or Technical Representatives (TR) status. A lead time of 45 days is desired. This requirement does not apply to contractors supporting Defense Security Assistance Agency, Department of State, Foreign Military Sales (FMS) or their sponsoring agencies.

III. THEATER CLEARANCE- DoD-Sponsored Contractor:

1. DoD-Sponsored Contractor:

i. Theater Clearance is required.

ii. Request Theater Clearance via APACS. For information on APACS, see “Content of Clearance” below.

iii. For questions concerning Theater Clearance requirements or the status of the Theater Clearance for a submitted APACS request, contact PACOM Theater Clearance Office with the APACS request ID number.

iv. Theater Clearance is required for personnel under the Force Protection (FP) responsibility of the PACOM Commander. Theater Clearance is not required for personnel under US Embassy Chief of Mission FP responsibility, personnel traveling under PCS orders, and non-DoD military personnel.

NOTE 1: Theater Clearance is required for travel to any foreign country in the PACOM AOR regardless of point of origin. A common misconception is that Theater Clearance is required only for travel originating from a location/country outside the PACOM AOR to a foreign country in the PACOM AOR. PACOM Theater Clearance is required for travel into and throughout the PACOM AOR, even travel from a country in the PACOM AOR to another.

http://www.usfk.mil/Organization/Acquisition-Management-FKAQ/ http://www.usfk.mil/Portals/105/Documents/411%20CSB/8%20USFK%20Form%20700-19A-R-E.PDF?ver=2018-03-12-013345-797 http://www.usfk.mil/Portals/105/Documents/411%20CSB/2%20USFK%20Regulation%20700-19.pdf?ver=2018-03-12-013347-250

1. Prepare and submit the clearance request using APACS at https://apacs.milcloud.mil/apacs, or if classified,

(1) In the subject line specify the highest ranked traveler, number of additional travelers, operation and/or exercise name.

b. Purpose of Travel:

(1) Give the 5W’s. (Who, What, Where, When, Why). Be detailed with reasonable specificity; and avoid acronyms.

This should be a stand-alone headline version statement that conveys the gist of the event. Do NOT just use wording such as "TDY/TAD" or "Official".

(a) Example 1: 2 ea AF Communication personnel for scheduled rotation ISO Network Ops Office, Camp

Swampy;

(b) Example 2: 2 ea Army Civil Affairs personnel for 2 iterations of 3 day mil to mil event, Buddy First Aid

Principles (TCSMIS Event: BWA ###);

(c) Example 3: 1 ea Navy logistician for Staff Augmentation to embassy OSC for a ship visit.

c. Sponsoring Agency:

(1) Select from the drop down menu which agency is paying for this travel.

d. Notes:

(1) If the APACS request is classified, include paragraph markings and downgrade instructions to ensure timely

(1) USFK Protocol processes all DV SOFA Country Clearance requests.

(2) US Embassy Seoul processes all Chief of Mission Country Clearance requests, see “PERSONNEL

CLEARANCE APPROVER”, below.

(3) USFK Service representatives process all non-DV SOFA Country Clearance requests, see “PERSONNEL

CLEARANCE APPROVER”, below.

(4) PACOM Theater Clearance Office processes all Theater Clearance requests.

b. Country Required Information:

(1) All Travelers

(a) Certify that the traveler(s) completed the Korea-specific training available on the USFK homepage at http://www.usfk.mil/Newcomers/Training.aspx. For additional information on USFK requirements, contact

USFK.

c. Theater Required Information:

(1) All Travelers

(a) State “Traveler(s) has submitted the PACOM Travel Tracker data (TT/IATP) Entry #_______”. TT/IATP entry number is received via separate e-mail upon submission of the TT/IATP request.

d. Location:

(1) Town/city/base the traveler will be in when in-country, be specific.

e. Organization:

(1) Organization/Conference/Lodging Name:

(a) Provide in country POC with complete contact information.

(b) Enter the lodging, in-country POC contact information.

(2) Organization/Lodging Address:

(a) Provide physical address information.

f. Logistical Support:

(1) List any requirements of logistical support expected from US Embassy personnel.

(a) Example, hotel reservations, ground transportation, etc.

(2) Travelers are expected to make hotel reservations through Defense Travel System (DTS) or through their own local travel office, except in rare circumstances (i.e. No DTS or travel office availability). Travelers should also be prepared to self-secure transportation such as taxi or train. If requesting logistical support from USDAO Seoul or USFK, contact hosting unit directly and confirm support requirements. Travelers are expected to lodge in on-base billeting when available and appropriate. Contact lodging for availability.

https://apacs.milcloud.mil/apacs https://apacs.milcloud.smil.mil/apacs http://www.usfk.mil/Newcomers/Training.aspx

Organization/Unit: USFK (SOFA Personnel)

(1) Phone: (a) Primary:

(i) DSN: 315-757-2606 (For questions on A-3 Visa and SOFA stamps requirements)

(ii) DSN: 315-755-0311 or 315-755-2602 (For USA Personnel)

(iii) DSN: 315-784-1539 (For USAF Personnel)

(iv) DSN: 315-763-8041 (For USN Personnel)

(v) DSN: 315-723-4045 or COMM: 011-82-10-3064-1187 (for USMC personnel)

(vi) DSN: 315-723-7930 (For DV Travelers only)

(a) Unclassified: edwin.torrescortes2.mil@mail.mil or peter.a.thayer.mil@mail.mil (For non-DV USA Personnel)

(b) Unclassified: mark.marberg@us.af.mil (For non-DV USAF Personnel)

(c) Unclassified: Brandon.denison@fe.navy.mil (For non-DV USN Personnel)

(d) Unclassified: juan.f.gonzales@usmc.mil (For non-DV USMC Personnel)

(e) Unclassified: pacom.yongsan.usfk.list.usfk-proto@mail.mil (For DV Travelers only)

VII. THEATER: Personnel Clearance Approver

a. Organization/Unit: PACOM Theater Clearance Office

(1) Phone:

(a) Primary:

(i) COMM: 808-477-9679 / 8216 / 7203

(ii) DSN: 315-477-9679 / 8216 / 7203

(2) Email:

(a) Unclassified: pacom.theater.clnc@pacom.mil

(3) Website:

(a) Unclassified: http://www.pacom.mil/Resources/TravelRequirements.aspx

(b) Classified: http://psp.hq.pacom.smil.mil/orgareas/j3/j34/pages/default.aspx

VIII. MANDATORY PRE-TRAVEL TRAINING AND DOCUMENTATION

NOTE 1: Service components may have more restrictive requirements that their military members, civilian employees, and DoD-sponsored travelers must meet prior to submitting a clearance request.

NOTE 2: FAILURE TO COMPLY WILL CAUSE DELAY AND/OR DISAPPROVAL OF TRAVEL REQUEST.

NOTE 3: DoD-sponsored contractors: In accordance with the terms of their contracts, DoD-sponsored contractors are to comply to the extent feasible with Personnel Recovery (PR) Theater Entry Requirements (TERs). Following are specific examples in which travelers are NOT required to complete PR TERs: a. DoD civilians and sponsored contractors on unofficial travel (leave). b. DoD sponsored contractors on official orders that are NOT designated under contract for Contractors Authorized to Accompany the Force (CAAF). c. Non-CAAF DoD sponsored contractors under a contract that does NOT specifically direct personnel to meet the PR TERs.

NOTE 4: PACOM MANDATORY PRE-TRAVEL REQUIREMENTS (Four (4) total requirements):

a. Travel Tracker/Individual Antiterrorism Plan (TT/IATP) (https://iatp.pacom.mil/);

b. AT Level 1 (https://jkodirect.jten.mil. Enroll in Course # JS-US007. JKO Help Desk, Monday - Friday 0700-1900 EST

E-mail: jkohelpdesk@jten.mil or COMM: 757-203-5654 or DSN: 668-5654);

c. AOR Location Specific Brief (https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories.html); and

d. Personnel Recovery (PR) Theater Entry Requirements (TERs) (https://www.fcg.pentagon.mil/static/PACOM_2018_05-

PACOM_PR_TERs.pdf).

1. TT/IATP Entry #: Travel Tracker/Individual Antiterrorism Plan entry number.

a. Applicability:

(1) Required for all US military, DoD civilians and DoD-sponsored contractors on official travel.

b. Validity:

(1) Must be completed prior to entry into the AOR.

mailto:jkohelpdesk@jten.mil

c. Instructions:

(1) Complete TT/IATP before submitting APACS and enter TT/IATP Entry # in the APACS request.

(2) Failure to complete TT/IATP (approved by chain of command if required) before submitting the APACS will delay APACS processing and may result in denial of Theater Clearance.

(3) See attached instructions for Travel Tracker Individual AT Plan.

2. SCI Brief: Sensitive Compartmented Information briefing.

(1) All travelers with SCI clearance.

b. Validity:

(1) None reported.

c. Instructions:

(1) Travelers need to contact their local Security Manager and SSO office for requirements and information.

3. Other:

a. Additional country-specific mandatory training.

(1) All military, civilian and contractor personnel PCSing or TDY to the Korean AOR must complete the Korea-specific training available on the USFK homepage at http://www.usfk.mil/Newcomers/Training.aspx. This training covers topics such command policies, the sexual assault prevention and response program, force protection, and various Korea-specific items.

(2) For additional explanation:

(a) Consult USFK Regulation 350-2, available on the website USFK homepage, above.

(b) Call the office of the Deputy, Personnel Services Division, J1, US Forces Korea at DSN 315-723-3742.

(3) Completed training must be annotated in the remarks section of traveler’s orders or the training certificate must be hand-carried.

IX. LEAD-TIME

NOTE 1: US Embassy and consulates are closed on US and ROK holidays.

The US Embassy is closed on the following 2018 US and Korean holidays: 01 Jan. (New Year's Day), 15 Jan. (Martin Luther King Day), 15-16 Feb. (Seol-Nal Lunar New Year Days), 19 Feb. (President's Day), 01 Mar. (Sam Il Jul/Independence Movement Day), 07 May (Orininal/Children's Day), 28 May (US Memorial Day), 06 Jun. (Hyun Choong Il/Memorial Day), 04 Jul. (US Independence Day, obv.), 15 Aug. (Kwang Bok Jul/Independence Day), 03 Sep. (Labor Day), 24-26 Sep.

(Chusok (Korean Thanksgiving Days)), 03 Oct. (Kae Chun Jul/Nat’l Foundation Day), 08 Oct. (Columbus Day), 09 Oct.

(Han Geul Nal (Korean Alphabet Day)), 12 Nov. (Veterans Day), 22 Nov. (Thanksgiving Day), 25 Dec. (Christmas Day).

1. DV travelers: 30 days and Non-DV travelers: 10 days.

2. If lead time requirement is not met, provide justification why the visit cannot be postponed and must occur on requested dates of travel.

3. DV Travel requests that fail to meet the 30 day lead-time requirement must submit a formal written request for an exception to policy with appropriate justification.

X. REPUBLIC OF KOREA SOFA CONTRACT CLAUSE:

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the “publications” tab on the US Forces Korea homepage http://www.usfk.mil

(a) Definitions. As used in this clause—

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States Pacific Command.

“United States Forces Korea” (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.

“Commander, United States Forces Korea” (COMUSK) means the commander of all U.S. forces present in Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC).

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19).

“Responsible Officer (RO)” means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.

(b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition

Management (FKAQ), Unit #15289, APO AP 96205-5289.

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA.

(f) The contractor’s direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements. Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700- 19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK.

Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2) (i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.e. “off-limits”), prostitution and human trafficking and curfew restrictions.

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees/dependents must have either a Korean driver’s license or a valid international driver’s license to legally drive on Korean roads.

(p) Evacuation.

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

(2) Non-combatant Evacuation Operations (NEO).

(i) The contractor shall designate a representative to provide contractor personnel and dependents information to the servicing NEO warden as required by direction of the Responsible Officer.

(ii) If contract period of performance in the Republic of Korea is greater than six months, non emergency essential contractor personnel and all IC/TR dependents shall participate in at least one USFK sponsored NEO exercise per year.

(q) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is missing, captured, or abducted.

(2) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recovery actions in accordance with DOD Directive 2310.2, Personnel Recovery.

(3) IC/TR personnel shall accomplish Personnel Recovery/Survival, Evasion, Resistance and Escape (PR/SERE) training in accordance with USFK Reg 525-40, Personnel Recovery Procedures and USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK.

(r) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing support in the theater of operations to U.S. Armed Forces will be handled in accordance with DOD Directive 1300.22, Mortuary Affairs Policy and Army Regulation 638-2, Care and Disposition of Remains and Disposition of Personal Effects.

(s) USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause.

(End of Clause)

Attachments:

Acquisition Management, “USFK Invited Contractor Program” http://www.usfk.mil/Organization/Acquisition-Management-FKAQ/ This site contains links to the following necessary documentation:

• Guidance for Contractor SOFA Designation requests

• USFK Regulation 700-19

• USFK Form 700-19A-R-E

• USFK Responsible Officer (RO) Appointment Memo Template

• USFK Form 217-E – Ration Control Check

• USFK Form 237-E – Provost Marshal Record Check

• Ordinary Residency Memo Template – Invited Contractors

• Ordinary Residency Memo Template – Technical Representatives

• USFK Form 700-19B-R-E – SOFA Designation for Contractor Dependents

• SOFA Designation for Full-Time College Student Dependents

• Accreditation Letter Template http://www.usfk.mil/Organization/Acquisition-Management-FKAQ/ http://www.usfk.mil/Portals/105/Documents/411%20CSB/7%20Guidance%20for%20Contractor%20SOFA%20Designation.pdf?ver=2018-03-12-013348-190 http://www.usfk.mil/Portals/105/Documents/411%20CSB/2%20USFK%20Regulation%20700-19.pdf?ver=2018-03-12-013347-250 http://www.usfk.mil/Portals/105/Documents/411%20CSB/8%20USFK%20Form%20700-19A-R-E.PDF?ver=2018-03-12-013345-797 http://www.usfk.mil/Portals/105/Documents/411%20CSB/9%20RO%20Appt%20Memo%20Template.pdf?ver=2018-03-12-013346-017 http://www.usfk.mil/Portals/105/Documents/411%20CSB/10%20USFK%20Form%20217-E.PDF?ver=2018-03-12-013345-830 http://www.usfk.mil/Portals/105/Documents/411%20CSB/11%20USFK%20Form%20237-E.PDF?ver=2018-03-12-013345-797 http://www.usfk.mil/Portals/105/Documents/411%20CSB/12%20USFK%20Ordinary%20Residency%20Memo_Invited%20Contractor.pdf?ver=2018-03-12-013344-797 http://www.usfk.mil/Portals/105/Documents/411%20CSB/13%20USFK%20Ordinary%20Residency%20Memo_Technical%20Representative.pdf?ver=2018-03-12-013344-893 http://www.usfk.mil/Portals/105/Documents/411%20CSB/14%20USFK%20Form%20700-19B-R-E.PDF?ver=2018-03-12-013345-860 http://www.usfk.mil/Portals/105/Documents/411%20CSB/15%20SOFA%20Designation%20for%20Full-Time%20College%20Students.pdf?ver=2018-03-12-013346-453 http://www.usfk.mil/Portals/105/Documents/411%20CSB/16%20Accreditation%20Letter%20Template.pdf?ver=2018-03-12-013346-407

The United Kingdom (Includes: England, Northern Ireland, Scotland and Wales) Regarding The United Kingdom SOFA with the United States of America

SOFA Status Under U.S. – United Kingdom

a. Passport required.

b. Visa not required for stays of less than six (6) months.

c. Visa required for stays longer than six (6) months.

(1) Visas are required BEFORE PCSing to the UK.