N6945021R0084_SOFA Agreement.pdf

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 07-522

DEFENSE

Status of Forces

Agreement Between the

UNITED STATES OF AMERICA

and EL SALVADOR

Effected by Exchange of Notes at San Salvador February 15, 2007

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.”

EL SALVADOR

Defense: Status of Forces

Agreement effected by exchange of notes at

San Salvador February 15, 2007;

Entered into force May 22, 2007.

No. 100

The Embassy of the United States of America presents its compliments to the

Ministry of Foreign Affairs of the Republic of El Salvador, and has the honor to refer to recent discussions between representatives of our two governments regarding issues related to United States military and civilian personnel (defined as members of the

United States Armed Forces and civilian employees of the United States Department of

Defense, respectively, hereafter referred to collectively as United states personnel) and

United States Contractors (defined as non-Salvadoran companies and firms, and their employees who are not nationals of El Salvador, under contract to the United states

Department of Defense) who may be temporarily present in El Salvador in connection with ship visits, training, exercises, humanitarian activities, and other activities as mutually agreed.

As a result of these discussions, the Embassy proposes that United states personnel be accorded the privileges, exemptions, and immunities equivalent to those accorded to the administrative and technical staff of a diplomatic mission under the

Vienna Convention on diplomatic relations of April 18, 1961; that United States personnel may enter and exit El Salvador with United States identification and with collective movement or individual travel orders; that El Salvador shall accept as valid all professional licenses issued by the United States, its political subdivisions or states thereof to United States personnel for the provision of services to authorized personnel; and that

Salvadoran authorities shall accept as valid, without a driving test or fee, driving licenses

DIPLOMATIC NOTE

or permits issued by the appropriate United States authorities to United States personnel for the operation of vehicles. The Embassy further proposes that United States personnel be authorized to wear uniforms while performing official duties and to carry arms while on duty if authorized to do so by their orders.

The government of El Salvador recognizes the particular importance of disciplinary control by United States armed forces authorities over United States personnel and, therefore, authorizes the government of the United States to exercise criminal jurisdiction over United States personnel while in El Salvador.

The Embassy further proposes that the United States Department of Defense and United

States personnel shall not be liable to pay any tax or similar charge assessed within

El Salvador and that the United States Department of Defense and United States personnel may import into, export out of, and use in El Salvador any personal property, equipment supplies, materiel, technology, training, or services in connection with activities under this agreement. Such .importation, ·exportation, and use shall be exempt from any inspection, license, other restrictions, customs duties, taxes, or any other charges assessed within El Salvador. The Governments of the United States of

America and El Salvador shall cooperate to take such measures as may be necessary to ensure the security and protection of United States personnel, property, equipment records, and official information in El Salvador.

The Embassy proposes that vessels and vehicles operated by or, at the time, exclusively for the United States Department of Defense may enter, exit, and move freely within the territory of El Salvador, and that such vehicles (whether self-propelled or towed) shall not be subject to the payment of overland transit tolls. Vessels and aircraft owned or operated by or, at the time, exclusively for the United States Department of Defense shall not be subject to the payment of landing, parking, or port fees, pilotage charges, lighterage, and harbor dues at facilities owned and operated by the government of

El Salvador. Aircraft owned and operated by or, at the time, exclusively for the United

States Department of Defense shall not be subject to payment of navigation, overflight terminal or similar charges when in the territory of El Salvador. The United States

Department of Defense shall pay reasonable charges for services requested and received at rates no less favorable than those paid by the Armed Forces of El Salvador.

Aircraft and vessels of the United States government shall be free from boarding and inspection.

The Embassy also proposes that the United States Department of Defense may contract for any materiel, supplies, equipment and services (including construction) to be furnished or undertaken in El Salvador without restriction as to choice of contractor, supplier, or person who provides such materiel, supplies~ equipment or services. Such contracts shall be solicited; awarded and administered in accordance with the laws and regulations of the government of the United States of America. Acquisition of articles and services in El Salvador by or on behalf of the United States Department of

Defense in connection with activities under this Agreement shall not be subject to any taxes or similar charges in El Salvador.

The Embassy further proposes that United States contractors in fulfillment of contracts with the United States Department of Defense In connection with activities under this agreement may import or utilize in El Salvador or export therefrom any personal property, equipment supplies, technology, training, or services. Such importation, exportation, and use shall be exempt from any license, other restrictions, customs duties, taxes, or any other charges assessed within El Salvador.

The Embassy proposes that United States contractors shall be granted the same treatment as United States personnel with respect to professional and drivers, licenses.

The Embassy proposes that United States personnel shall have freedom of movement and access to and use of mutually agreed transportation, storage, training, and other facilities required in connection with activities under this agreement.

The government of El Salvador recognizes that it may be necessary for the United States armed forces to use the radio spectrum. The United States Department of Defense shall be allowed to operate its own telecommunication systems (as telecommunication is defined in the 1992 constitution and Convention of the International

Telecommunication Union). This shall include the right to utilize such means and services as required to ensure full ability to operate telecommunication systems, and the right to use all necessary radio spectrum for this purpose. Use of the radio spectrum shall be free of cost to the United States Government. Further, the Embassy proposes that the Parties waive any and all claims (other than contractual claims) against each other for damage to, loss, or destruction of the other's property or injury or death to personnel of either Party's armed forces or their civilian personnel arising out of the performance of their official duties in connection with activities under this Agreement.

Claims by third parties for damages or loss caused by United States personnel shall be resolved in accordance with United States laws and regulations, with said government taking steps to ensure that claimants have adequate access to the claims process.

Finally, the Embassy proposes further that our two governments or their designated representatives may enter into implementing arrangements to carry out the provisions of this agreement.

If the foregoing is acceptable to the government of El Salvador, the Embassy proposes that this note, together with the Ministry's reply to that effect shall constitute an Agreement between the two Governments, which shall enter into force on the date of the Ministry's reply.

The Embassy of the United States of America avails itself of this opportunity to present to the Ministry of Foreign Affairs of the Republic of El Salvador, the assurances of its highest and most distinguished consideration.

Embassy of the United States of America, San Salvador, February 15, 2007.

Ra,06.aLICA DE El.. SALVADOR c.A.

Secretary of State 0 227

DGAJDHIDNT/CB/N° __ _

THE MINISTRY OF FOREIGN AFFAIRS OF REPUBLIC OF EL SALVADOR has the honor of acknowledging receipt of the Diplomatic Note No.I 00 dated february l S, 2007, which literally says:

""No. 100

. The Embassy oftbe ~~.of Amefica presents its compliments w the Ministry of Foreign Affaiis of the Republic- of Ef Salvador, ,nd has the honor to refer to recent discussions between representatives of our twO governments regarding issues related to United States military and civilian personnel (defined as members of the United States Armed Forces and civilian employees of the United States Department of Defense, respectively, hereafter referred to collectively as United States personnel) and Un!ted States Contractors (defined as non-Salvadoran companies and firms, and their employees who are not nationals ofEI Salvador, under contract to the United States Department of Defense) who may be temporarily present in El Salvador in connection with ship visits, training. exercises, humanitarian activities, and otber activities as mutually agreed. ·

As a result of these discussions, the Embassy proposes that United States personnel be accorded the privileges, exemptions, and immunities equivalent to those accorded to the administl:ative and technical staff of a diplomatic mission under the Vienna ·convention on diplomatic relations of Aprit 18, .1,99-l;that United States personnel may enter and exit El Salvador with United State.S identification and with collective movement or individual travel orders; that El Salvador shall aecept as vatid aU J>rofessionallicerises issued by the United States, its political subdivisions or sta~ thereof tri United States personnel for the' provision of services to authorized personnel; and that Salvadoran authorities shalf aceept as valid, without a driving test or fee, driving licenses or permits issued by the appropriate United States authorities to United States personnel for the operation of vehicles. The EmbaSsy further proposes that United States personnel be authorized .to -~ uniforms while performing official duties and to carry

. arms while on duty if authorized to do so by their oi'deri. .·· · -·

The government of El Salvador recognizes the· particular imp.Qrtarice 'of disciplinary control by United States armed forces authorities over United States personnel and, therefore, authorizes tb~ government of the United States to exercise criminal jurisdiCtion over United States personnel while in El Salvador. · ·

· The Embassy further proposes that the United States Department of Defense and United States personnel shall not be liable to pay any tax or similar charge assessed within El Salvador and that the United States Department of Defense and United States personnel may import into, export out of, and use in El Salvador any personal property, equipment; suppl~ materiel, ·technology, training, or services in connection with activities under this agreement. Such importation, exportation, and use shall be exempt from any inspection, license, other restrictions, customs duties, taxes, or any other charges ·assessed within El Salvador. The Governments of t.he United States of America and El Salvador shaU cooper_ate to take such measures as may be necessary to ensure the security and protection of United States· personnel. property. equipment, records, and official information in El Salvador. ·

I' ,o I

I' ,,.

I ,.

MINISTII:RIO Dlt RELACION&S EXTI!RIORJI:S

RI!I"U·.LICit. DE El. SALVADOR C.A.

The Embassy proposes that vessels and vehicles operated by or, at the time, exclusively for the United States Department of Defense may enter, exit, and move freely within the territory of El Salvador, and that such vehicles (whether self-propelled or towed) shall not be subject to the payment of overland transittoUs. Vessels .and aircraft owned or operated by or, at 1he time, excl\IShtely for the United States Department of Defense shalt not be subject to the payment of landing, parking, or port fees, pilotage charges, lighterage, and harbor dues at facilities owned and operated by the government of El Salvador. Aircraft owned and operated by or, at the time, exclusively for the United States Department of Defense shall not be subject to payment of navigation, overflight, terminal or similar charges when in the territory of El Salvador. The United States Department of Defense shall pay reasonable charges for services requested and received at rates no less favorable dum those paid by the Armed Forces of El Salvador. Aircraft and vessels of the United States government shall be free from boarding and inspection.

The Embassy also proposes that the United States Department of Defense may contract for any materiel, suppfies, equipment, and services (including construction) to be furnished or undertaken in El Salvador without restriction as to choice of contractor, supplier, or person who provides such materiel, supplies, equipment or services. Such Contracts shall be solicited.

awarded and admini~ered in accordance with the laws and regulations of the government of the Uaited States of America. Acquisition of articles and services in El Salvador by or on behalf of the United States Department of Defense in connection with activities under this Agreement shall not be subject to any taxes or similar charges in El Salvador.

The Embassy further proposes. that United States contractors in fulfillment of contracts with the United States Department of Defense in connection with activities under this agreement may import or utilize in El Salvador or export therefrom any personal property, equipment, . ·supplies; technology, training, or services. Such. importation, exportation, and use shall be

J

. exempt from any license, other restrictions, customs duties, taxes, or any other charges assessed ~)~ within El Salvador. ··

The Embassy proposes that United States contractors shall be granted the same treatment as United States personnel with respect to professional and drivers, licenses.

The Embassy proposes thatUnited States personnel shall have freedom of movement and access to and use of mutually agreed transportation. storage, training, and other facilities required in connection with activities under this agreement.

The government of El Salvador recognizes that it may be necessary for the United States armed forces to use the radio spectrum. The United States Department of Defense shall be allowed to operate its own telecommunication systems (as telecommunication is defined in tm 1992 constitution and Convention of the International Telecommul'!ication Union). This shall include. the ri~t to utilize such means and services as requjred to ensure ·run ability to operate teleeorrununication systems, and the right to use all necessary radio spectrum for this purpose. Use of the radio spectrum shall be free of cost to the United States Government Further, the Embassy proposes that the Parties waive any and all claims (other than contractual claims) against each other for damage to, loss, or destruction of the other's property or injury or death to personnel of either Pa:rty's armed forces or their civilian personnel arising out of the performance of their offioillJ duties in connection with "activities under this Agreement. Claims by third parties for d~s or Joss caused by United States personnel shall be resolved in accordance with United States laws and regulations, with said government taking steps to ensure that claimants have ad~ access to the claims process.

MtHIHt:atc> n RJR.ACtONC• DT&tllto•uca Rltl'h&.ICA K ltL 8At.VAOOil C.A.

Finally, the Embassy proposes further that our two governments or their designated representatives may enter into implementing arrangements to carry out the provisions of this agreement •

If the foregoing is acceptable to the government of El Salvador, the Bmbas$y proposes that this n~ together with the MinistrYs reply to that effect, shaU constitute an Agreement between the two Oovenuuenas. which shaH enter into force on the date of the Ministry's reply.

The Embassy of the United States of America avails itself of this opportunity to preaem to the M"mistry of Foreign Affairs of the Republic of £1 Salvador, the assurances of its hisflest and most distinguished considoration •

Embassy of the United States of America.

San Salvador~ February ts; 2001 • ..

The Ministry of Foreign Alfairsfiu the honor ro confirm that the disposition$ included in the Note of Chat Diplomatic Represontation are acceptab1e. However. for the envy into force of those dispositi~ the goVernment of dle Republic of tho B1 Salvador hu to comply with the legal internal pi'()Qedures, there fore the note of that Diplomatic R.eprcscntation tog01her with the note of El Salvador in which it is notified the completion of that procedure. shall constitute ·an Agreement between about this matt«.

The Miaistry of Foreign Affairs of the Republic of Bl Salvador reiterates to that Honorable Representatioo dlc assurance of · consideration and respect.