Agreement Subject To Status
The Commission can establish a revised communication and a revised agreement on the status of the model in due course, taking into account lessons learned. 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 colonialism. A host country where such sentiment is widespread, South Korea, itself has forces in Kyrgyzstan and has negotiated a SOFA that gives its members total immunity from prosecution by the Kyrgyz authorities for any crime, which goes far beyond the privileges that many South Koreans enter into their country`s couch with the United States.  Considering that a legal framework should be put in place in the form of a stature agreement for situations in which members of the European Border and Coast Guard Agency team will have executive powers over the territory [third country], SOFA explicitly grants Iraq, contrary to current legislation, « the primary right to exercise responsibility for U.S. contractors and U.S. contractor personnel. » This means that from 2009, private contractors operating in Iraq will be subject to the Iraqi penal code and the Iraqi penal code, even if they work according to the terms of their government contracts.
Iraqi officials may attempt to enforce this provision retroactively and prosecute contractors for acts committed before 2009. Iraqi criminal law and Iraqi criminal law are very different from U.S. criminal law. Faced with these differences and the most well-known allegations of corruption within the Iraqi police and justice system, contractors will face real challenges if they face Iraqi arrests, detentions and judicial proceedings. Article 54, paragraph 4 of the Regulation (EU) 2016/1624 provides that the EU must enter into a status agreement with the third country concerned when it is expected that teams will be deployed in a third country, when the team members have executive powers or other measures taken in third countries. In accordance with Article 54, paragraph 4, or Regulation (EU) 2016/1624, the agreement on the status of the model must cover the scope of the operation, civil and criminal liability, the tasks and powers of the team members, as well as respect for fundamental rights.