Japan_SOFA.pdf

USACE-POJ (JAPAN) SPECIAL REQUIREMENTS

Contractor employees shall obtain signed a Letter of Identification from the Contracting Officer prior to departure for Japan. The Contractor shall present the signed Letter of Identification along with their passport at immigration control in Japan to obtain status under the provision of Article 1(b) of the Status of Forces Agreement

Between the Governments of the United States of America and Japan. If for any reason a contractor employee receives a visa status other than status under the provision of Article 1(b) of the Status of Forces Agreement

Between the Governments of the United States of America and Japan, the contractor shall notify the Contracting

Officer no later than five calendar days from the date of entry. Additionally, if required by USFJ, each contractor employee shall physically appear at the local SJA office to obtain an individual certification letter that the contractor employee is entitled to status under the provision of Article 1(b) of the Status of Forces Agreement Between the

Governments of the United States of America and Japan and to ensure accountability and visibility over the contractor's presence in the country as part of the SJA's role regarding foreign criminal jurisdiction in Japan.

CONTRACTOR LETTER OF IDENTIFICATION

a. At the request of the contractor, the U.S. Government will issue a letter of identification for representatives of the contractor who will be travelling to Japan for the purpose of performing work under the contract.

b. The contractor should notify the Contracting Officer or his authorized representative, at least two weeks in advance of any travel, of its need for entry onto the U.S. Government installation in Japan, and include the name, social security number, and position title for each employee. This letter will entitle the individuals entry into Japan under Article I(b) of the Status of Forces Agreement.

c. Entry into Japan under Article I(b) will be solely for the purpose of performing work for the United

States under the contract and for no other purpose. Violation of the prohibition will result in cancellation of the letter of identification.

LOGISTICAL SUPPORT

a. Logistical Support: Contractors shall have no base privileges (see “Invited Contractor or Technical

Representative Status – Japan (Applicable to U.S. firms only)” below) unless specifically authorized by the base and indicated in writing in the contract SOW, or in the case of a task order, the specific technical direction order

SOW, and negotiated as such. There will be no office or communication support from the Government. The GPM will assist in processing personnel and vehicle base passes or permits if required by base regulations. Otherwise, the

Contractor shall be responsible for them.

b. Invited Contractor or Technical Representative Status - Japan (Applicable to U.S. firms only): Contractor employees may be classified as members of the “civilian component” under Article I-(b) of the SOFA between

Japan and the U.S. This classification may be available, upon classification, to all of the Contractor’s employees who are U.S. citizens, who do not ordinarily reside in Japan, and whose presence in Japan is necessary for the execution of this contract. This classification may entitle the employee to enter Japan, pursuant to Letter of

Identification (Contractor Travel), under Article IX of the SOFA. A Contractor employee classified as a member of the “civilian component” under this Section shall be subject to all U.S. Forces regulations and directives, which pertain to the “civilian component” in Japan. The following privileges may be extended in accordance with current

U. S. DoD Directives, Military Base Interservice Support Agreements and the SOFA.

(1) Entry into and exit from Japan as “exempt personnel”.

(2) Duty free import-export into and from Japan.

(3) U.S. Customs exemptions under USFJ PL 4-3.

(4) U.S. Customs exemptions under the Tariff Act of 1930.

(5) Base or Post Exchange (BX/PX), exchange service station, theater, and commissary, subject to Merchandise Control Directives to be administered through the Office of Information.

(6) Laundry and dry cleaning.

(7) Military banking facilities.

(8) Transient billeting facilities on a space-available basis, not to exceed three days and three nights.

(9) Open mess (club) membership, as determined by each respective club.

(10) Casualty assistance (mortuary services) on a reimbursable basis, in accordance with applicable regulations and policies.

(11) Routine medical care to be provided on a reimbursable basis, in accordance with applicable regulations and policies.

(12) Dental care is limited to relief of emergencies on a reimbursable basis.

(13) Employment, emergency leave, and home leave-type travel and transportation for principal

U.S. civilian employees will be provided on a reimbursable basis, insofar as such travel and transportation entitlements do not exceed those authorized members of the U.S. civilian component. The

Contractor shall not be allowed space available travel privileges aboard Air Mobility Command (AMC) contract or military aircraft as provided military personnel unless such person travels in a retired military status.

(14) Postal support, as authorized by DOD 4525-8AF Sup 1.

(15) Local recreation services on a space available basis.

(16) Armed Forces Recreation Center, on a space available basis.

(17) Such other privileges as may be afforded members of the “civilian component” and which are specifically addressed in the technical direction order.

c. Wherever the word “reimbursable” is used in the aforementioned logistical support/privileges, it means that the Contractor shall pay the U.S. Government for the services rendered and/or supplies utilized.

d. The above privileges may be granted to U.S. citizens personnel, so long as they are employed under this contract. However, any violation of these privileges will be cause for immediate withdrawal of such privileges for the principal and could result in total loss of such privileges to all Contractor Employees under this contract.

e. It is agreed that withdrawal of any or all of these privileges for reasons cited in paragraph (d) above, will not affect nor constitute grounds for delay in or non-performance of any portion of any contract between the Contractor and the U.S. Government, nor will such action form the basis for any claim against the U.S. Government, based on the contract or otherwise, nor will such action be considered breach of contract or any portion thereof.

f. Third Country Nationals. The hiring of Third Country Nationals (TCNs) presents special problems and may not be approved. Introductions by U.S. Forces of TCNs into Japan is strictly controlled by the U.S. Japan SOFA. As a result, any entry of Contractor TCN employees into Japan shall not be initiated without contracting officer’s approval and the prior coordination of COMUS JAPAN/J5. In addition to this prior coordination, TCNs must have normal Japanese work visas.

JAPANESE CONSUMPTION TAX

Effective April 1, 2014, the Government of Japan increased the rate of Japanese Consumption Tax from 5% to

8%. By virtue of Article XII of the Status of Forces Agreement (SOFA), materials, supplies, equipment and services procured for official purposes in Japan by the United States armed forces, or its authorized procurement agencies are

EXEMPT from various Japanese Taxes, including Consumption Tax. The exemption from the Japanese

Consumption Tax applies not only to Japanese prime contractors, but also to Japanese subcontractors or suppliers at every level regardless of the nationality of the prime contractor whether a Japanese or a Foreign firm. The instruments listed hereinafter have been agreed to by both governments of Japan and the U.S. as "Proof of Purchase by U.S. Forces in Japan.”

Standard Form 1034 Public Voucher for Purchases and Services other than Personal

DD Form 1155 Order for Supplies or Services

Standard Form 44 Purchase Order-Invoice-Voucher

ENG Form93 Payment Estimate

Therefore, Japanese Consumption Tax shall NOT be included in your bid, proposal or quote.

IDENTIFICATION OF EMPLOYEES

The Contractor shall be responsible for furnishing to each employee and for requiring each employee engaged on the work to display such identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any employee. When required by the Contracting Officer, the Contractor shall obtain and submit fingerprints of all persons employed or to be employed on the project.

REFERENCE DOCUMENTS FOR OCONUS WORK

a. Multilateral North Atlantic Treaty Status of Forces Agreement (NATO/SOFA) Dated June 19, 1951

b. Multilateral North Atlantic Treaty Status of Forces Agreement (NATO/SOFA) Appendix Dated

October 27, 1953

c. Japan Status of Forces Agreement (SOFA) Dated January 25, 2008

d. Japan DBA Waiver Issued April 1, 2016

e. Memorandum for Contractors Traveling to Japan Contractor Dated June 13, 2016

f. Treaty of Mutual Cooperation and Security Between Japan and the USA Dated January 19, 1960

g. Germany Defense Base Act (DBA) Waiver Issued November 3, 2015

h. North Atlantic Treaty Status of Forces Agreement (NATO/SOFA) Germany Dated March 27, 1998

i. Contractor may obtain additional Department of Labor DBA information at the following website:

https://www.dol.gov/owcp/dlhwc/ExplainingDBA.htm.

j. Memorandum of Understanding Between U.S. and Germany (1990)

k. Army in Europe Regulation 715-9

l. USFK Regulation 700-19

m. Korea Status of Forces Agreement (SOFA) Dated July 9, 1966

n. Supplemental Agreements, MOU’s, and Exchanges of Letters to Korea Sofa Dated February 1, 1991 and January

18, 2001.