I.B.08 ATTACHMENT C - Status of Forces Agreements (SOFAs).pdf

Status of Forces Agreements (SOFAs)

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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12937

DEFENSE

NATO Status of Forces Agreement Application of Article 72 of Supplementary Agreement

Arrangement Between the

UNITED STATES OF AMERICA

and the FEDERAL REPUBLIC OF GERMANY

Effected by Exchange of Notes Dated at Bonn March 27, 1998

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966 (80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence . . . of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.”

FEDERAL REPUBLIC OF GERMANY

Defense: NATO Status of Forces Agreement Application of Article 72 of Supplementary Agreement

Arrangement effected by exchange of notes Dated at Bonn March 27, 1998;

Entered into force March 27, 1998.

EMBASSY OF THE

UNITED STATES OF AMERICA

Bonn, March 27, 1998

10. 146

Ir. State Secretary:

With reference to the discussions between representatives of the Governments of the Federal

Republic of Germany and the United States of

America, I have the honor to advise you of the following:

In order to provide medical, social and career related services to members of the United

States Forces stationed in the Federal Republic of

Germany, members of its civilian component and the dependents of both, as defined in the NATO Status

3f Forces Agreement (NATO SOFA), the Government of the United States of America intends to conclude contracts with a number of enterprises for the provision of such services (hereinafter referred to as Troop Care).

The Government of the United States of

America would appreciate if, in order to facilitate their activities, the employees of such enterprises could be accorded the exemptions and benefits specified in Article 72 paragraph (5) of the NATO SOFA Supplementary Agreement (SA). On

- 2 -behalf of the Government of the United States of

America I therefore have the honor to propose that an Arrangement be concluded pursuant to Article 72 paragraph (4) of the NATO SOFA SA, which shall lay down the following general conditions relating to the legal status of such enterprises and their employees, as well as their activities in the

Federal Republic of Germany:

1. Enterprises charged with providing Troop Care services shall exclusively serve members of the United States Forces, members of its civilian component and the dependents of both. Article 72 paragraph (3) of the NATO

SOFA SA shall not apply. The activities of such enterprises shall be restricted to the provision of Troop Care services which cannot be undertaken by German enterprises without prejudice to the military requirements of the

United States Forces. Such services shall comprise the services of physicians, dentists, dental hygienists, medical services coordinators, physical and occupational therapists, clinical child psychologists, early intervention special educators and early intervention project managers, social workers, speech-language therapists and audiologists, psychotherapists, certified nurses, family advocacy counselors, family wellness counselors, family service coordinators, drug abuse counselors, persons

- 3 -engaged in military career and occupational

:counseling, testing and training. If necessary, both sides can enter into consultations with the intention of changing this list of professions by an additional exchange of notes.

a) The Government of the United States of

America shall ensure that the enterprises charged with providing

Troop Care services employ only suitably qualified members of the professions referred to in number 1 above.

b) The total number of such employees charged with providing Troop Care services to members of the United

States Forces stationed in the Federal

Republic of Germany, members of its civilian component and the dependents of both shall be reasonable and relevant to the number of such members.

c) It is agreed that neither Article 72 of the NATO SOFA SA nor the present

Arrangement entitles individual enterprises to be granted status pursuant to Article 72 paragraph (4) of the NATO SOFA SA. Such status

- 4 -shall be granted only on an individual basis by separate arrangement. The

German authorities will give sympathetic and expeditious treatment to applications for such status.

3. Without prejudice to Article 72 paragraph (6) of the NATO SOFA SA enterprises granted status following the conclusion of such arrangements shall enjoy the exemptions and benefits listed in Article 72 of the NATO

SOFA SA with the following restrictions:

a) The parties agree that exemption from customs, taxes, import and re-export restrictions and foreign exchange control is not necessary for the performance of the tasks of the enterprises charged with providing

Troop Care services. Privileges pursuant to Article 72, paragraph 1, letter (a) NATO SOFA SA shall therefore not be granted to the enterprises.

b) Moreover, the enterprises charged with providing Troop Care services shall be accorded no exemptions from the provisions of industrial safety law.

Within the limits of their discretion, the responsible German authorities

- 5 -shall allow exceptions to the relevant industrial safety regulations (in particular under Section 3 of the

Accident Prevention Regulation

"General Regulations") for such facilities belonging to enterprises charged with providing Troop Care services as are located in accommodation made available for the exclusive use of the United States

Forces.

4. The Government of the United States of

America and the Government of the Federal

Republic of Germany agree that the needs for accommodation and office space of enterprises charged with providing Troop Care services will not be met by the Federal Republic of

Germany. Where such enterprises make use of accommodation made available by the Federal

Republic of Germany to the United States

Forces, the latter may not profit therefrom economically. The Federal Republic of

Germany shall be entitled to any compensation paid by enterprises charged with providing

Troop Care services for such use.

Enterprises charged with providing Troop Care services shall not be entitled to any special legal status on account of shared use of accommodation made available to the United

States Forces. The provisions of Article 53

- 6 -

)f the NATO SOFA SA shall not apply to enterprises charged with providing Troop Care services.

a) Employees of enterprises charged with providing Troop Care services shall, if they exclusively serve such enterprises, enjoy the same exemptions and benefits as those granted members of the civilian component of the

United States Forces, unless the

United States of America restrict such exemptions and benefits.

b) The Government of the United States of

America commits itself, pursuant to

Article 72, paragraph (5), letter (a), and paragraph (6) of the NATO SOFA SA to fully withdraw from such employees as do not fall within the meaning of number 1 above the exemptions and benefits accorded members of the civilian component under the NATO SOFA

SA. Individuals who meet the prerequisites of number 1 and who have already enjoyed exemptions and benefits shall not have the exemptions and benefits and the ensuing financial gains actually granted prior to the date of this Arrangement retroactively withdrawn. As far as

7 -

:hese individuals are concerned, the

)eriods during which they were employed until the time when the

;contractor was granted the privileges in accordance with Article 72 paragraph (4), NATO SOFA SA regarding

Troop Care will not be considered when

:he reason for exclusion in accordance with Article 72, paragraph (5), letter

(b) (iv) NATO SOFA SA is being assessed.

Exemptions and benefits shall not be accorded to employees falling within the scope of Article 72, paragraph

(5), letter (b) of the NATO SOFA SA.

Specifically, pursuant to Article 72, paragraph (5), letter (b) (iv) NATO

SOFA SA, only such individuals as who on commencing their work are not ordinarily resident in the territory of the Federal Republic of Germany may be granted status.

1) Before an employee who is to be accorded the exemptions and benefits which apply to the civilian component pursuant to the NATO SOFA SA commences his/her work with the enterprise charged with providing Troop Care services, the responsible authorities aa) bb) cc)

- 8 -of the U.S. Forces shall communicate to the authorities of the Land in question the following information:

Personal details:

Name, date of birth, nationality, passport number, social security number, home address and telephone number in Germany, and family status;

Family members:

Spouse's nationality, in the case of Germans, name and birth name, if different, number of children and dependents living in the employee's household;

Professional details:

Name, German civilian company address and telephone number of the enterprise charged with providing Troop Care, place of work, civilian work address and telephone number, description of official duties, starting and estimated end date of employment (copy of employment contract or offer and acceptance);

- 9 -

dd) Proof of professional qualifications and a curriculum vitae prepared by the employee;

Declaration as to whether the employee concerned has ever held a German work permit

(issuing authority, period of validity and type of work permit);

ff) Declaration by the employee that he/she has no intention of becoming ordinarily resident in the Federal

Republic of Germany.

e) The responsible Land authority shall, as soon as possible, normally not later than four weeks, after receiving information concerning individual employees, respond thereto in writing, stating the reasons for any objections; provided the individuals concerned agree. If no response is given within six weeks, it shall be assumed that no objections exist.

If objections are raised, the authorities of the Land and the U.S. Forces shall, in principle, within one week discuss ee)

- 10 -

,whether, with reference to this Exchange

)f Notes and pursuant to the general

:conditions agreed therein, the exemptions aid benefits under Article 72, paragraph

(5) of the NATO SOFA SA are to be granted

.7.0 the employees concerned. Should no

Igreement be reached during these iiscussions, the outcome shall be communicated to the employer and to the individual employee. The Federal Foreign

Dffice, as well as the authorities of the financial, customs, Federal property, employment, and general internal as well as the social security administrations shall be informed.

) The outcome of these discussions shall not affect the right of the responsible German authorities, including financial authorities, to check specifically the nationality of the employee in question and his/her actual work, as well as the exclusivity of this work with the enterprise charged with providing Troop

Care services. This shall include external checks with the enterprise charged with providing Troop Care services. They shall, however, be bound by the judgment reached by the competent

Land authority following discussions unless the facts concerning the

- 11 -information conveyed by the authorities of the U.S. Forces relating to the employee in question or concerning the non-eligibility grounds pursuant to Article

72, paragraph (5), letter (b) of the NATO

SOFA SA were misrepresented or incomplete.

g) The responsible authorities of the U.S.

Forces shall inform the authorities of the Land in question if they withdraw all or part of the exemptions and benefits afforded to an employee of an enterprise charged with providing Troop Care services.

6. The Embassy of the United States of America shall notify the Federal Foreign Office of the place of business in the Federal Republic of Germany of enterprises charged with providing Troop Care services, of the number of privileged and non-privileged employees of such enterprises, of their place of work, and of changes that may occur. Such notification shall take place annually in December.

7. The Embassy of the United States of America shall notify the Federal Foreign Office if the authorities of the United States Forces withdraw all or part of the exemptions and benefits accorded to any enterprises charged with providing Troop Care services.

- 12 -

3. The parties to the present Arrangement shall state the agencies nominated as the responsible authorities and their addresses.

9. A consultative commission, co-chaired by the

Federal Foreign Office and the Embassy of the

United States of America, shall meet periodically to review implementation of this

Arrangement and address problems raised by either party. In cases of lack of agreement between representatives of the Lander and of the U.S. Forces over the terms used in this

Arrangement or over its application, the consultative commission shall meet at the earliest opportunity following receipt of a written request from either representatives of the Lander or of the U.S. Forces to seek resolution and issue a written report signed by the co-chairmen. If possible, the report should contain a written recommendation.

10. This Arrangement shall be concluded in

English and German languages, both texts being equally authentic.

If the Government of the Federal Republic of

Germany agrees to the proposals contained in numbers 1 to 10, this Note and the Note in reply thereto expressing your Government's agreement shall constitute an Arrangement between our two

- 13 -

Governments under Article 72, paragraph (4) of the

NATO SOFA SA, which shall enter into force on the date of your Note in reply.

Please accept, Mr. State Secetary, the assurance of my highest consideration.

John C. Kornblum, Ambassador

Dr. Hans-Friedrich v. Ploetz, State Secretary of the Foreign Office of the

Federal Republic of Germany, Bonn.

THE STATE SECRETARY

IN THE FEDERAL FOREIGN OFFICE Bonn, March 27, 1998

Mr. Ambassador:

I have the honor to confirm receipt of your Note No. 146 of March 27, 1998 with which you propose on behalf of your Government an Arrangement between the Government of the

United States of America and the Government of the Federal Republic of Germany. Your

Note reads as follows:

"Mr. State Secretary:

With reference to the discussions between representatives of the Governments of the Federal

Republic of Germany and the United States of America, I have the honor to advise you of the following:

In order to provide medical, social and career related services to members of the United States

Forces stationed in the Federal Republic of Germany, members of its civilian component and the dependents of both, as defined in the NATO Status of Forces Agreement (NATO SOFA), the Government of the United States of America intends to conclude contracts with a number of enterprises for the provision of such services (hereinafter referred to as Troop Care).

The Government of the United States of America would appreciate if, in order to facilitate their activities, the employees of such enterprises could be accorded the exemptions and benefits specified in Article 72 paragraph (5) of the NATO SOFA Supplementary Agree-ment (SA). On behalf of the Government of the United States of America I therefore have the honor to propose that an Arrangement be concluded pursuant to Article 72 paragraph (4) of the NATO SOFA SA, which shall lay down the following general conditions relating to the

The Honorable

John C. Kornblum

Ambassador of the United States of America

Bonn legal status of such enterprises and their employees, as well as their activities in the Federal

Republic of Germany:

1. Enterprises charged with providing Troop Care services shall exclusively serve members of the United States Forces, members of its civilian component and the dependents of both. Article 72 paragraph (3) of the NATO SOFA SA shall not apply. The activities of such enterprises shall be restricted to the provision of Troop Care services which cannot be undertaken by German enterprises without prejudice to the military requirements of the United States Forces. Such services shall comprise the services of physicians, dentists, dental hygienists, medical services coordinators, physical and occupational therapists, clinical child psychologists, early intervention special educators and early intervention project managers, social workers, speech-language therapists and audiologists, psychotherapists, certified nurses, family advocacy counselors, family wellness counselors, family service coordinators, drug abuse counselors, persons engaged in military career and occupational counseling, testing and training. If necessary, both sides can enter into consultations with the intention of changing this list of professions by an additional exchange of notes.

2. a) The Government of the United States of America shall ensure that the enterprises charged with providing Troop Care services employ only suitably qualified members of the professions referred to in number 1 above.

b) The total number of such employees charged with providing Troop Care services to members of the United States Forces stationed in the Federal Republic of Germany, members of its civilian component and the dependents of both shall be reasonable and relevant to the number of such members.

c) It is agreed that neither Article 72 of the NATO SOFA SA nor the present Arrange-ment entitles individual enterprises to be granted status pursuant to Article 72 para-graph (4) of the NATO SOFA SA. Such status shall be granted only on an individual basis by separate arrangement. The German authorities will give sympathetic and ex-peditious treatment to applications for such status.

3. Without prejudice to Article 72 paragraph (6) of the NATO SOFA SA enterprises granted status following the conclusion of such arrangements shall enjoy the exemptions and benefits listed in Article 72 of the NATO SOFA SA with the following restrictions:

a) The parties agree that exemption from customs, taxes, import and re-export restric-tions and foreign exchange control is not necessary for the performance of the tasks of the enterprises charged with providing Troop Care services. Privileges pursuant to

Article 72, paragraph (1), letter (a) NATO SOFA SA shall therefore not be granted to the enterprises.

b) Moreover, the enterprises charged with providing Troop Care services shall be accorded no exemptions from the provisions of industrial safety law. Within the limits of their discretion, the responsible German authorities shall allow exceptions to the relevant industrial safety regulations (in particular under Section 3 of the

Accident Prevention Regulation "General Regulations") for such facilities belonging to enterprises charged with providing Troop Care services as are located in accommodation made available for the exclusive use of the United States Forces.

4. The Government of the United States of America and the Government of the Federal

Republic of Germany agree that the needs for accommodation and office space of enter-prises charged with providing Troop Care services will not be met by the Federal

Republic of Germany. Where such enterprises make use of accommodation made available by the Federal Republic of Germany to the United States Forces, the latter may not profit therefrom economically. The Federal Republic of Germany shall be entitled to any compensation paid by enterprises charged with providing Troop Care services for such use. Enterprises charged with providing Troop Care services shall not be entitled to any special legal status on account of shared use of accommodation made available to the

United States Forces. The provisions of Article 53 of the NATO SOFA SA shall not apply to enterprises charged with providing Troop Care services.

5. a) Employees of enterprises charged with providing Troop Care services shall, if they exclusively serve such enterprises, enjoy the same exemptions and benefits as those granted members of the civilian component of the United States Forces, unless the

United States of America restrict such exemptions and benefits.

-4

b) The Government of the United States of America commits itself, pursuant to Arti-cle 72, paragraph (5), letter (a), and paragraph (6) of the NATO SOFA SA to fully withdraw from such employees as do not fall within the meaning of number 1 above the exemptions and benefits accorded members of the civilian component under the

NATO SOFA SA. Individuals who meet the prerequisites of number 1 and who have already enjoyed exemptions and benefits shall not have the exemptions and benefits and the ensuing financial gains actually granted prior to the date of this Arrangement retroactively withdrawn. As far as these individuals are concerned, the periods during which they were employed until the time when the contractor was granted the privileges in accordance with Article 72 paragraph (4), NATO SOFA SA regarding

Troop Care will not be considered when the reason for exclusion in accordance with

Article 72, paragraph (5), letter (b) (iv) NATO SOFA SA is being assessed.

Exemptions and benefits shall not be accorded to employees falling within the scope of Article 72, paragraph (5), letter (b) of the NATO SOFA SA. Specifically, pursuant to Article 72, paragraph (5), letter (b) (iv) NATO SOFA SA, only such individuals as who on commencing their work are not ordinarily resident in the territory of the Fed-eral Republic of Germany may be granted status.

d) Before an employee who is to be accorded the exemptions and benefits which apply to the civilian component pursuant to the NATO SOFA SA commences his/her work with the enterprise charged with providing Troop Care services, the responsible authorities of the U.S. Forces shall communicate to the authorities of the Land in question the following information:

aa) Personal details:

Name, date of birth, nationality, passport number, social security number, home address and telephone number in Germany, and family status;

bb) Family members:

Spouse's nationality, in the case of Germans, name and birth name, if different, number of children and dependents living in the employee's household;

cc) Professional details:

Name, German civilian company address and telephone number of the enterprise charged with providing Troop Care, place of work, civilian work address and telephone number, description of official duties, starting and estimated end date of employment (copy of employment contract or offer and acceptance);

dd) Proof of professional qualifications and a curriculum vitae prepared by the employee;

ee) Declaration as to whether the employee concerned has ever held a German work permit (issuing authority, period of validity and type of work permit);

ff) Declaration by the employee that he/she has no intention of becoming ordinarily resident in the Federal Republic of Germany.

e) The responsible Land authority shall, as soon as possible, normally not later than four weeks, after receiving information concerning individual employees, respond thereto in writing, stating the reasons for any objections, provided the individuals concerned agree. If no response is given within six weeks, it shall be assumed that no objections exist. If objections are raised, the authorities of the Land and the

U.S. Forces shall, in principle, within one week discuss whether, with reference to this Exchange of Notes and pursuant to the general conditions agreed therein, the exemptions and benefits under Article 72, paragraph (5) of the NATO SOFA SA are to be granted to the employees concerned. Should no agreement be reached during these discussions, the outcome shall be communicated to the employer and to the individual employee. The Federal Foreign Office, as well as the authorities of the financial, customs, Federal property, employment, and general internal as well as the social security administrations shall be informed.

f) The outcome of these discussions shall not affect the right of the responsible German authorities, including financial authorities, to check specifically the nationality of the employee in question and his/her actual work, as well as the exclusivity of this work with the enterprise charged with providing Troop Care services. This shall include external checks with the enterprise charged with providing Troop Care services. They shall, however, be bound by the judgment reached by the competent Land authority following discussions unless the facts concerning the information conveyed by the authorities of the U.S. Forces relating to the employee in question or concerning the non-eligibility grounds pursuant to Article 72, paragraph (5), letter (b) of the NA-

TO SOFA SA were misrepresented or incomplete.

g) The responsible authorities of the U.S. Forces shall inform the authorities of the Land in question if they withdraw all or part of the exemptions and benefits afforded to an employee of an enterprise charged with providing Troop Care services.

6. The Embassy of the United States of America shall notify the Federal Foreign Office of the place of business in the Federal Republic of Germany of enterprises charged with providing Troop Care services, of the number of privileged and non-privileged employees of such enterprises, of their place of work, and of changes that may occur. Such notification shall take place annually in December.

7. The Embassy of the United States of America shall notify the Federal Foreign Office if the authorities of the United States Forces withdraw all or part of the exemptions and benefits accorded to any enterprises charged with providing Troop Care services.

8. The parties to the present Arrangement shall state the agencies nominated as the respon-sible authorities and their addresses.

9. A consultative commission, co-chaired by the Federal Foreign Office and the Embassy of the United States of America, shall meet periodically to review implementation of this

Arrangement and address problems raised by either party. In cases of lack of agreement between representatives of the Lander and of the U.S. Forces over the terms used in this

Arrangement or over its application, the consultative commission shall meet at the earliest opportunity following receipt of a written request from either representatives of the Lander or of the U.S. Forces to seek resolution and issue a written report signed by the co-chairmen. If possible, the report should contain a written recommendation.

10. This Arrangement shall be concluded in English and German languages, both texts being equally authentic.

If the Government of the Federal Republic of Germany agrees to the proposals contained in numbers 1 to 10, this Note and the Note in reply thereto expressing your Government's agreement shall constitute an Arrangement between our two Governments under Article 72, paragraph (4) of the NATO SOFA SA, which shall enter into force on the date of your Note in reply.

Please accept, Mr. State Secretary, the assurance of my highest consideration."

I have the honor to inform you that my Government agrees to the proposals contained in your

Note. Your Note and this Note in reply therefore constitute an Arrangement between our two

Governments, which enters into force on the date of this Note and the German and English texts of which are equally authentic.

Please accept, Mr. Ambassador, the assurance of my high consideration.

TECHNICAL ARRANGEMENT

BETWEEN

THE MINISTRY OF DEFENSE

OF THE

ITALIAN REPUBLIC

AND THE

DEPARTMENT OF DEFENSE

OF THE

UNITED STATES OF AMERICA

REGARDING THE

INSTALLATIONS/INFRASTRUCTURE

IN USE BY THE U.S. FORCES IN

VICENZA, ITALY

holmanbs New Stamp

INDEX

Section: Subject: Page:

I Purpose 4

II References 4

III Applicability and Scope 4

IV Definitions and Abbreviations 4

V Use and Operation 8

VI Command 9

VII Flags and Honors 10

VIII Personnel 10

IX Infrastructure 11

X Utility Services 12

XI Supply of Goods and Services 13

XII Financial Matters 13

XIII Customs and Taxation Matters 14

XIV Social and Administrative Services 15

XV Security and Police Responsibilities 15

XVII Training/Operational Activities 17

XVIII Removable/Real Property and Residual Value 18

XIX Local Commission 18

XX Procedures for Mutual Cooperation 19

XXI Annexes 19

XXII Effective Date, Implementation, and Revision... 19

XXIII Authentication 20 ii

Annex: Subject: Page:

Annex 1 - Installations Covered By This Technical Arrangement 21

Annex 2 - Infrastructure Usage Maps and List of Buildings Within Each Installation 28

Annex 3 - Utilization of the Installations' Facilities Granted for Use to the United States by Civilian Activities of the Host Nation 52

Annex 4 - Personnel Reporting 54

Annex 5 - Command Relationships 56

Annex 6 - Financial Annex 60

Annex 7 - Utility and Firefighting Services 61

Annex 8 - Procedures for Customs and Taxation 63

Annex 9 - Security Procedures 64

Annex 10 - Access to U.S. Restricted Areas 66

Annex 11 - Coordination and Approval Procedures of Training and Operational Activities 72

Annex 12 - Local Joint Military Commission 80 iii

I. Purpose

To promulgate command policy and procedures for the implementation of international agreements between the United States and Italy concerning the use and operation of military installations/infrastructure located in Vicenza, Italy.

II. References

1. The North Atlantic Treaty, signed at Washington, D.C. on 04 April 1949 and specifically the provisions contemplated in Article 3.

2. Agreement Between the Member States to the North Atlantic Treaty on the Status of Forces, signed at London on 19 June 1951

(NATO SOFA).

3. Bilateral Infrastructure Agreement (BIA) between the United States of America and Italy, signed on 20 October 1954.

4. Memorandum of Understanding Between the Ministry of Defense of the Republic of Italy and the Department of Defense of the Untied States of America concerning the use of Installations/Infrastructure by U.S. Forces in Italy (1995 U.S.- Italy MOU).

5. Technical Report by Bilateral Commission Tricarico-Preuher on Air Activity of the U.S. Armed Forces of 13 April 1999.

III. Applicability and Scope

This Technical Arrangement applies to the military forces of the United States, members of the force, the civilian component, and their dependents, assigned to or operating at military installations/infrastructure in Vicenza, Italy as detailed in Annexes 1 and 2.

The provisions of this Technical Arrangement are implemented in accordance with references 1 through 5, including Article II of the NATO SOFA which states that it is the duty of a force and its civilian component and the members thereof as well as their dependents to respect the law of the receiving State, and to abstain from any activity inconsistent with the spirit of the

NATO SOFA.

IV. Definitions and Abbreviations

In this Technical Arrangement the term:

- CARABINIERI

"Carabinieri" has the status of an Armed Force that acts as the Military Police in the Italian territory. Generally, the personnel of the Service also accomplish duties of prevention and repression of crimes and maintenance of law and order on the entire national territory in coordination with the competent judicial authorities and the Police.

- CARABINIERI SETAF

The "Carabinieri" component, established in support of SETAF, to accomplish duties as Military Police (under the Authority of the Italian Base Commander) and Civilian Police (under the Authority established by the Italian laws and regulations).

- CIVILIAN COMPONENT

"Civilian component" means all the civilian personnel having a relationship to the United States Forces as provided in Article I (1.b.) of the NATO SOFA. In the Italian language version of this document the term "civilian element" is used with the same meaning.

- CIVILIAN PERSONNEL

"Civilian personnel" are those personnel contemplated in Article 6 of the BIA which covers, in addition to the "civilian component" of a force, persons such as those listed below, who are closely affiliated with the United States Armed Forces and under their authority, but not employed directly by them, on the condition that the presence of such persons in Italy is recognized by both governments as necessary in connection with the functioning of the installations:

- Employees of other United States Government Departments;

- Essential personnel of the USO; School; Post Exchanges;

Commissaries; youth development and educational support organizations (for example, but not limited to, Boy and Girl Scouts); religious support groups; Soldier, Sailor, Airmen, and Marine mutual aid societies (for example, but not limited to, United Seaman's Service and the Navy and Marine Corps Relief Society); military banking facilities and Credit Unions; and, the Red Cross;

- Technical representatives of firms having special relations with the United States Armed Forces, when such persons come to Italy for other than temporary visits.

- CONSTRUCTION

"Construction" means work required to erect, install or assemble a new facility; or add to, alter, expand, convert, demolish or replace an existing facility.

- EXCLUSIVE USE

"Exclusive use" means the utilization by the armed force of a single Nation, of installations and/or infrastructure defined and included within the perimeter of the installation, for the performance of activities related to the mission and/or tasks assigned to said force by the sending State. The designation of "exclusive use" to installations and/or infrastructure utilized by the U.S.

Force does not limit in any way the exercise of Italian national sovereignty, as preserved by Article VII of the

NATO SOFA.

- FORCE

"Force" means personnel belonging to the Armed Forces as contemplated in Article I (1.a.) of the NATO SOFA.

- INFRASTRUCTURE

"Infrastructure" means the complex of fixed or permanent structures, both horizontal and vertical, and facilities, within the installation and therein established for the performance of the main and support activities of the Forces.

- INSTALLATION

"Installation" means the complex of land and fixed structures thereon, which are within defined and clearly identified boundaries.

- JOINT USE

"Joint use" means the common utilization of the installation/infrastructure by both Italian and U.S. Forces assigned to the installation/infrastructure, to perform the activities related to NATO missions and/or tasks assigned to said forces by their respective governments.

- LOCAL CIVILIAN LABOR

The term "local civilian labor" means all non-civilian component personnel hired by the U.S. Forces with a contract.

- MAINTENANCE

"Maintenance" means the recurrent, day-to-day, periodic, or scheduled work required to preserve property.

- REPAIR

"Repair" means programmed work required to ensure restoration of the installation's efficiency.

ABBREVIATED TERMS:

- BIA means Bilateral Agreement on Infrastructure

- DOD USA means Department of Defense of the United States of America

- IDGS (SMD) means Italian Defense General Staff

- IPI means internal permanent instructions (local Italian SOPS)

- JMC means Joint Military Commission

- MOD IT means Italian Ministry of Defense

- NATO means Organization of the North Atlantic Treaty

- NATO SOFA means Agreement on the Status of NATO Forces

- PPR means prior permission required

- SMA means Italian Air Force General Staff

- SME means Italian Army General Staff

- SMM means Italian Navy General Staff

- SOP means standard operating procedures

- TA means Technical Arrangement

- U.S. means United States

- USAFE means U.S. Air Force Europe

- USAREUR means U.S. Army Europe

- USEUCOM means U.S. European Command

- USNAVEUR means U.S. Naval Forces Europe

- USO means United Servicemen's Organization

V. Use and Operation

1. The installation at Caserma Carlo Ederle, and its subordinate installations in the area of Vicenza, Italy, as identified in Annexes 1 and 2 to this Technical Arrangement, are peace-time military installations, as agreed, in accordance with the BIA.

The installations have been ceded in use to the United States of America to be employed by the latter according to the provisions of Article 2 of said Agreement. In particular circumstances the authorities of the two countries will agree on the utilization of the installations' facilities granted for use to the U.S.A. by civilian activities of the Host Country. These activities, as indicated in Annex 3, will be at no cost to the United States.

Any services provided to these civilian activities by the United States will be on a reimbursable basis.

2. The locations covered by this TA are shown in Annex 1 and the attached maps provided by the Italian Authorities and comprise operational areas (command, communications, etc.), logistics/support areas, and housing areas. The Italian Commander, with the assistance of the U.S. Commander, will maintain a map detailing the location of the various facilities on the installations.

3. The principal use of the installations is related to:

a. Permanently assigned operational units;

b. Units and related facilities, supporting the cited operational units, used for peace-time routine training activities;

c. Associated personnel. The precise number of personnel will be provided semiannually to the Italian Commander or whenever requested, as indicated in Annex 4.

4. Installations/infrastructure listed in Annexes 1 and 2 will also be subject to this Technical Arrangement. These Annexes will specify the use, location, personnel and infrastructure of these installations.

VI. Command

1. The installation is placed under Italian command. The functions of such command, which will be exercised by an Italian officer, will vary according to whether the installation is jointly used or used exclusively by the U.S. Armed Forces. The Italian Commander's authority extends throughout the installation at Caserma Carlo Ederle, and its subordinate installations in the area of Vicenza, Italy, as identified in Annexes 1 and 2 and over all the Italian personnel, military and civilian, assigned for whatever reason to the installation, and over the whole land and infrastructure, Italian equipment and materiel in accordance with Italian laws and regulations. See Annex 5 for further delineation of command issues.

2. The rank of the Italian officer is established by the cognizant Italian Authorities based on his responsibilities and tasks, regardless of the rank of the senior U.S. officer assigned to the installation.

3. The U.S. Commander has full military command over U.S.

personnel, equipment and operations. He will notify in advance the Italian Commander of all significant U.S. activities, with specific reference to the operational and training activity, to the movements of materiel, weapons, and civilian/military personnel, and to any events/incidents that should occur.

Likewise the Italian Commander will keep the U.S. Commander informed of all significant national activities. For further clarification see Annex 5. The Italian Commander will advise the U.S. Commander if he believes U.S. activities are not respecting applicable Italian law and will immediately seek advice from higher Italian Authorities. Differences of opinion between the commanders regarding whether a specific activity should be undertaken, that cannot be resolved locally, will be promptly referred up the respective chains of command for resolution.

Beginning a disputed activity is subject to resolution of the controversy.

4. Permanent personnel increases to the operational component and relative support shall be authorized by the Italian National Authorities. Temporary increases of military and civilian personnel (for training, exercises, logistical activities, transit, etc.) will be approved by the Italian Commander.

Temporary increases of personnel associated with operations already approved by the Government of Italy will be coordinated with the Italian Commander. See Annex 4 for details concerning the temporary increase of personnel.

5. In order to comply with his responsibilities, the Italian Commander, or the acting Italian Commander, has free access, with no restrictions, except as provided in the following Section XV, to all areas of the installation. The Italian Commander, or in his absence the acting Italian Commander, will intervene to have the U.S. Commander immediately interrupt U.S. activities which clearly endanger life or public health. Upon notification of the danger, the U.S. Commander will promptly investigate and consult with the Italian Commander concerning the situation. Either commander may refer a matter in dispute, or one not susceptible to local resolution, to higher authority for resolution.

6. The Italian Commander is the formal representative of the installation and serves as the liaison with national authorities, and the contact with local authorities and local external military and civilian entities, including press agencies. The U.S. Commander is not precluded from contacting local authorities on matters of interest only to the United States. The Italian Commander will coordinate, as agreed, all matters of common interest and, to this end, he will be kept constantly informed on all U.S. activities and initiatives as indicated in Annex 5. The U.S. and Italian Commanders fulfill their representational role with equal status. Details are addressed in a separate instruction.

VII. Flags and Honors

The NATO flag together with the U.S. and Italian flags will be displayed over the installation. The respective national flag may be raised over buildings used exclusively by the U.S. or by Italy. Details are addressed in a JMC Instruction (JMCI-3).

VIII. Personnel

1. The NATO SOFA and the implementing agreements listed in the references regulate the status of U.S. Forces in Italy, as well as the status of members of these forces, of members of the civilian component, and of their dependents, whose presence in Italy is in furtherance of the objectives of this Technical Arrangement and the Agreements listed in the references.

2. In accordance with Article IX, paragraph 4 of the NATO SOFA, the conditions of employment and work for local civilian labor, in particular wages, supplementary payments, and conditions for the protection of workers, shall be consistent with the laws of Italy.

3. In accordance with the NATO SOFA and bilateral agreements, the U.S. command shall withhold social security benefits for local civilian labor, through appropriate social security institutions, to include deduction from wages for income tax payment to Italy, in accordance with current Italian law.

IX. Infrastructure

1. a. The installation includes:

(1) Jointly-funded infrastructure;

(2) NATO-funded infrastructure;

(3) US-funded infrastructure;

(4) Italian-funded infrastructure.

b. The buildings and infrastructure are classified as:

(1) NATO or national, joint use;

(2) NATO for exclusive use, U.S. or Italian;

(3) National for exclusive use, U.S. or Italian.

c. The areas and all the infrastructure therein, marked in different colors as indicated by the legend, are shown in detail in the map attached to Annex 1. Buildings and infrastructure, and their use (Italian, allied or joint) and purpose are listed in Annex 2. The cited documentation (plan and listing) will be kept updated by the Italian Commander with the assistance of the U.S. Commander.

2. The operation and maintenance costs for structures composing the installation are charged to the U.S. or Italian Armed Forces according to their ownership and use. In case of "joint use", charges are shared proportionally to the actual use based on criteria specified in Annex 6.

3. The Italian Armed Forces are responsible for repair and maintenance of "joint use" buildings and infrastructure. The Italian Commander shall plan, in coordination with the U.S.

Commander, for the maintenance of all jointly used buildings and infrastructure. The user Nation is responsible for repair and maintenance of "exclusive use" buildings and infrastructure. For NATO infrastructure, current NATO directives apply.

4. All construction projects, including new infrastructure and improvements to infrastructure, which constitute construction as defined in Section IV, are subject to prior approval of the MOD IT. All changes of use of buildings and infrastructure also will be authorized by the MOD IT. In accordance with the BIA and subsequent agreed procedures, construction projects to be accomplished exclusively with U.S. funds will be executed by the Italy/U.S. Construction Mixed Commission.

5. The Italian Commander, after taking into account the zoning regulations and obtaining the necessary inputs from the U.S.

Commander, shall develop a base Development Multi-year Plan, which shall be approved by the national Authorities. Required changes can be periodically submitted for the approval of the national Authorities. Copies of both the proposed and approved Multi-year Plans will be provided to the U.S. Commander.

X. Utility Services

1. U.S. Armed Forces will be provided with the following services to satisfy operational, logistical support, and housing requirements:

a. A total of a certain number of cubic meters per day of drinking water, as detailed in Annex 7, in accordance with current Italian regulations and in proportion to the highest number of personnel expected to be assigned to the installation, and of a certain number of cubic meters of water for services, when available. Variation to the quantity of water provided, shall be agreed when changes in availability or requirements, also temporary, occur. When availability is scarce, priority will be given to satisfy operational and logistical support requirements;

b. Electric power (line of a certain number of KV) to employ power to a certain maximum number of KW, available at certain parameters as detailed in Annex 7, to the main power substations of the installations;

c. Charges for utilities will be based on the actual use.

Where the United States Armed Forces make use of utilities which come from the outside (such as electric energy, gas, water, telecommunications, sewerage), the Italian Government, insofar as it is competent to do so and in accordance with Article 12 of the BIA, will assure access to said services at terms no less favorable than those in force for the Italian Armed Forces.

2. The Italian Ministry of Defense will provide for disposal on the outside perimeter of the installation of all waste products.

The U.S. Commander is responsible to ensure that disposal in U.S.

processing plants is done consistent with applicable Italian standards on waste products.

3. The U.S. Commander will provide for disposal of toxic/harmful waste, generated by the U.S. Forces, consistent with current Italian standards and applicable international agreements.

4. In accordance with the provisions of Section VI, paragraph 5, the Italian Commander reserves the right to notify the U.S.

Commander of perceived violations of applicable standards for disposal of waste. Upon notification of a perceived violation, the U.S. Commander will promptly investigate and inform the

Italian Commander of steps taken to remedy the situation or of the propriety of the method applied. Either commander may refer a matter to higher authority for resolution.

XI. Supply of Goods and Services

1. Procurement of goods and services by the U.S. Forces shall be governed by Article 31 of BIA and the NATO SOFA. The U.S. and Italian commanders will cooperate to avoid that the provision of goods and services create disturbances on the local market, by examining the possibility that, when U.S. purchases are made by direct contracts, procedures similar to those used by the Italian Armed Forces are adopted, including anti-mafia screening procedures.

2. The acquisition by both Parties of any supplies, support, or services, as outlined in this Section and Sections IX and X, must be done under authorized national contracting procedures or an implementing arrangement under the NATO Mutual Support Act.

XII. Financial Matters

1. The financial obligations of the Parties under this Technical Arrangement shall be subject to the authorization and appropriation of funds in accordance with respective national laws.

2. Operational expenses of the installation are as follows:

a. Common, referring to joint use by both nations;

b. Exclusive, referring to exclusive use by each nation.

3. Common expenses are subdivided into:

a. Personnel costs;

b. Operation and maintenance costs;

c. Investment costs.

4. Each nation will be responsible for its exclusive expenditures. Common expenses will be shared according to use.

If this is not possible, an equal allocation in proportion to the assigned Fcrce or other agreed criteria, will apply. In accord with commonly accepted principles, each Party will be responsible for the costs of its own personnel.

5. The definition of common expenses, methods and procedures for accounting, refunds and fiscal year planning for common expenses will be agreed upon and included in Annex 6, according to the following general principles:

a. The Italian Commander will prepare the estimated and final budget for common expenditures;

b. U.S. representatives will participate in developing the budget, to include proportionate use percentage and allocation of expenses;

c. The Italian Commander, in coordination with the U.S.

Commander, will prepare well in advance - no later than the month of March - the estimated budget for the next fiscal year, both in the Italian and English language. The estimated budget for the following fiscal year will be reviewed and approved by both Parties in accordance with the provisions of this Technical Arrangement;

d. The approved estimated budget will be used by the Parties to plan financial/administrative activities. If expenditures vary significantly from the approved estimated budget, a new estimated budget may be submitted for approval;

e. Payment of funds by the U.S. will be in Italian currency, in quarterly payments in advance of the applicable quarter, starting on January 1…