An Agreement on the Status of the Armed Forces (SOFA) is an agreement between a host country and a foreign nation that deploys military forces in that country. CANPAÉs are often included with other types of military agreements as part of a comprehensive security agreement. A CANAPÉ is not a safety device; it establishes the rights and privileges of foreign staff in a host country in order to support the greater security regime. [1] Under international law, a force status agreement differs from military occupation. NATO SOFA is the basis of the legal status of military, American civilians and family members living in Germany. As part of an additional endorsement, employees in Germany also enjoy privileges that are not granted to other service members stationed in other European countries. These agreements concern the status, entry and departure of the host country, military training on the territory of the host country, justice, prosecutions, taxes, import and export laws, driving privileges, employment, the post office, school education, housing and much more. A sofa should 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] For each mission abroad, the status of the Bundeswehr is governed by a bilateral or multilateral agreement with the host country. Think carefully about your decision to get married or divorce during your stay in Germany. Marriage and divorce in Germany can be very different from those in the United States, marriage or divorce documents are not simply transferred or applied between the German authorities and different American states. Any divorce, whether abroad or back in the United States, can be very complicated and cost hundreds of thousands of dollars for child support, child care, spousal property sharing and legal fees. Former spouses could apply for a court order for money, refer your commander to enforce a separation agreement, or any military obligation to support families.

Since the Law Center cannot represent staff in the event of a divorce, you must seek the services of a German lawyer. The political issue of SOFA is complicated by the fact that many host countries have mixed feelings about foreign bases on their soil and that SOFA renegotiation requests are often linked to calls for a total withdrawal of foreign troops. Issues of different national practices may arise – while the United States and host countries in general agree on what constitutes a crime, many American observers believe that the host country`s judicial systems offer much lower protection than the United States and that the host country`s courts may be under pressure from the public to be found guilty; In addition, U.S. service members who are invited to send shipments abroad should not be forced to waive their rights under the Rights Act. On the other hand, observers of the host country who do not have a local equivalent of the law of rights often feel that these are irrelevant excuses for special treatment and resemble the extraterritorial agreements demanded by Western countries during