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Agreement on the Status of American Personnel (T.I.A.S.), cited the Military Support Agreement (6 U.S.T. 2107), quoted Rio Treaty (62 Stat 1681) A SOFA must clarify the conditions under which the foreign army can operate. As a general rule, purely military issues, such as base location and access to facilities, are covered by separate agreements. A SOFA focuses more on legal issues related to military individuals and property. This may include issues such as entry and exit, tax obligations, postal services or the employment conditions of nationals of the host country, but the most controversial issues are the civil and criminal competences of bases and staff. In civil matters, SOFS provides for how civilian damage caused by the armed forces is determined and paid for. Criminal issues vary, but the typical provision of the United States is that U.S. courts have jurisdiction over crimes committed either by a serving member against another serving member or by a serving member as part of his or her military duty, but the host country retains jurisdiction for other crimes. [4] Prior to the current security agreements between the United States and Japan, countries concluded a security treaty in 195272 and an accompanying administrative agreement73. There is a provision that the United States maintains jurisdiction for offences committed by a serving member resulting from an act or omission in the performance of the official duty. This announcement became a source of interest to Congress115, in part following statements by Bush administration officials that such an agreement would not be submitted to the legislative branch for approval, although the United States may have been required to provide “security guarantees” to Iraq.116 Several hearings were held at the 110th Congress on the proposed security agreement. At the end of 2007, Congress passed the Member State Defence Emerging Act, 117 In October 2008, Congress passed the Duncan Hunter National Def Authorenseization Act for fiscal year 2009.
, which requires a report from the Chairman to the House of Representatives and Senate Foreign Relations and Armed Services Committees on any agreement between the United States and Iraq that addresses certain matters, including security guarantees or U.S. commitments, rights and the status of the United States.