of the United States as a receiving state cannot be overlooked, but it must be remembered that the agreements are reciprocal, and the United States cannot expect to obtain more treaty rights as a sending state than it is willing to give as a receiving state.

The most important rights accruing to the United States as a sending state are freedom from passport and visa regulations and immigration inspection for its troops; the right for its troops to carry arms under orders; new, firm, and uniform criminal and civil claims procedures; and certain tax and customs concessions.

These are also the most important rights given up by the United States as a receiving state.

These rights are discussed in detail from the point of view of both the sending and receiving state in the sections that follow, but it should be noted at the outset that the United States concessions amount to little more than what is already the practice under either existing law or administrative procedures.

It should also be noted that certain new rights are also established for the citizens of the receiving state. The most important of these are in the civil-claims procedures for the recovery of damages inflicted by troops or civilian employees of the sending state.

With few exceptions, the organization agreement and the headquarters protocol relate to NATO organizations located in Europe.

V. PRINCIPAL PROVISIONS OF THE AGREEMENTS

A. STATUS OF FORCES AGREEMENT

1. Conduct in the receiving state

Members of a military force, its civilian component, and their dependents have the duty to respect the law of the receiving state and in particular to refrain from any political activity in the receiving state (art. II).

2. Immigration

Subject to formalities established by the receiving state, members of a force (but not of a civilian component, or dependents) are exempt from passport and visa regulations, immigration inspection, and regulations on the registration and control of aliens. They are, however, required to have personal identity cards and individual or collective movement orders. Provision is made for removal of individuals on request of the receiving state and for notification to the receiving state of persons who leave the service of the sending state or who absent themselves (art. III).

3. Driving licenses

The receiving state is required to accept driving licenses issued by the sending state, or its subdivisions, or to issue its own licenses, without a test (art. IV).

4. Military uniforms

Members of a force shall normally wear a uniform, with civilian dress allowed on the same conditions as for members of the military

forces of the receiving state; but special arrangements can be made. by bilateral agreements (art. V).

5. Vehicles

Service vehicles shall carry a distinctive nationality mark (art. V). 6. Carrying of arms

Members of a force may carry arms when authorized to do so by their orders (art. VI).

7. Criminal jurisdiction (art. VII)

The sending state has exclusive jurisdiction over persons subject to its military law with respect to offenses punishable by the law of the sending state but not by the law of the receiving state.

The sending state has primary jurisdiction over a member of a force or civilian component in relation to

(a) Offenses solely against the property or security of the sending state.

(b) Offenses solely against the person or property of another member of the force or civilian component or dependent.

(c) Offenses arising out of any act or omission done in the performance of duty.

The receiving state has exclusive jurisdiction in the case of offenses punishable by its law but not by the law of the sending state. (It should be noted that, as a practical matter, no such case is likely to arise respecting United States troops, because the Uniform Code of Military Justice, which Congress enacted for United States Armed Forces, permits any offense against the law of the country where the troops are stationed to be treated as an offense also against the code.) The receiving state has primary jurisdiction over offenses not committed against the property or security of the sending state; or against the person or property of a member of the force, civilian component, or dependent of the sending state; or not in the performance of duty. The receiving state is committed to give "sympathetic consideration" to requests to waive its jurisdiction in cases which the sending state considers of particular importance.

Whenever a member of the force, civilian component, or dependent of the sending state is prosecuted in the courts of the receiving state, he shall be entitled

(a) To a prompt and speedy trial.

(b) To be informed, in advance of the trial, of the specific charge or charges against him.

(c) To be confronted with the witnesses against him.

(d) To have compulsory process for obtaining witnesses in his favor, if they are within the jurisdiction of the receiving state. (e) To have legal representation of his own choice for his defense, or to have free or assisted legal representation under the conditions prevailing for the time being in the receiving state.

IPL 506, 81st Cong., 2d sess., May 5, 1950; 64 Stat. 107.

(f) If he considers it necessary, to have the services of a competent interpreter.

(g) To communicate with a representative of the government of the sending state and, when the rules of the court permit, to have such a representative present at his trial.

Safeguards against double jeopardy in cases of concurrent jurisdiction are also included, and provision is made for cooperation between the authorities of the sending and receiving states in seeing that justice is done.

8. Civil claims (art. VIII)

The agreement waives intergovernmental claims for damages to government property used by the armed forces in connection with operations under the North Atlantic Treaty.

Provision is made for arbitration of claims arising from damage to other government property. Small claims of this nature are waived where the damage is less than the equivalent of 1,400 United States dollars.

The agreement waives intergovernmental claims based on the injury or death of members of the armed services while engaged in the performance of duty.

The receiving state will settle private claims which arise out of acts or omissions of members of a force or civilian component done in the performance of duty, or which arise out of any other act, omission, or occurrence for which a force or civilian component is legally responsible. The procedure will be the same as for claims arising from activities of the armed forces of the receiving state. The receiving state will pay 25 percent of the cost of settling the claims and the sending state 75 percent. In cases of serious hardship, the North Atlantic Council may be requested to arrange a different settlement. Individual members of a force or civilian component are protected against execution of judgments in cases arising out of the performance of duty.

Individual members of a force or civilian component may be sued for claims arising out of their tortious acts or omissions in the receiving state not done in the performance of duty. When such claims arise, the authorities of the receiving state will assess compensation and report to the authorities of the sending state who will then decide whether or not to offer an ex gratia payment in settlement of the claim, and if so, of what amount. Thus the claimant is given an option of remedies.

Arbitration procedures are provided where there is dispute as to whether or not the tortious act or omission was done in the performance of duty.

9. Local procurement of supplies and services

Requirements of a force and its civilian component for local subsistence items are normally to be met through the agency of the receiving state providing these items for its own forces. Local labor requirements are to be fulfilled on the same basis as those of the

forces of the receiving state. The receiving state also undertakes the responsibility of arranging to make available the buildings and grounds required by the force of the sending state (art. IX).

10. Taxes on individuals

Members of a force or of a civilian component are exempt from taxes by the receiving state on their salaries and from other taxes based on residence or domicile (art. X).

11. Customs and other taxes

Members of a force or a component may import duty-free their private automobiles, and on first arrival, their personal effects and furniture.

A force may import duty-free its equipment and reasonable quantities of supplies.

Special arrangements will be made for the free crossing of frontiers by regularly constituted units or formations.

Service vehicles of a force or civilian component are exempt from taxes for use of the roads. Fuel, oil, and lubricants for the vehicles, aircraft, and vessels of a force or civilian component will be delivered tax-free.

Official documents under seal are exempt from customs inspection (art. XI).

12. Termination of agreement

4

The agreement may be denounced by any party on 1 year's notice, years after the agreement comes into force (art. XIX). In the event of hostilities, any party may suspend application of any provision so far as it is concerned on 60 days' notice (art. XV).

1. Scope

B. HEADQUARTERS PROTOCOL

The international military headquarters covered by the protocol are defined as the Supreme Headquarters Allied Powers in Europe, the Headquarters of the Supreme Allied Commander, Atlantic

any equivalent international military headquarters set up pursuant to the North Atlantic Treaty any international military headquarters set up pursuant to the North Atlantic Treaty which is immediately subordinate to a supreme headquarters (art. 1).

In addition, the North Atlantic Council may apply the protocol to any other international headquarters or organization not included in these definitions (art. 14).

The only headquarters in the United States covered by the protocol are those of the Supreme Allied Commander, Atlantic, and the Commander in Chief, Western Atlantic Area, both of which use the same facilities in Norfolk.

2. Applicability of status-of-forces agreement

The protocol extends most of the applicable provisions of the status-of-forces agreement to international military_headquarters established pursuant to the North Atlantic Treaty. For most pur

poses, the headquarters is given the status of a sending state. The principal exceptions have to do with criminal jurisdiction and with civil claims arising out of acts not done in the performance of duty. In these cases the sending state will be not the headquarters but the state to whose armed forces or civilian components the individuals in question belong (art. 4).

3. Income taxes

Employees of an international headquarters are exempt from income taxes on their salaries. However, special agreements may be made between a government and a headquarters, whereby the government will employ and pay its own nationals assigned to the headquarters. In this way, the United States can be assured that Americans will not be exempt from United States income taxes (art. 7).

4. Other taxes

Each receiving state is obligated to relieve each headquarters "so far as practicable," from duties and taxes affecting expenditures in the interest of the common defense (art. 8).

5. Headquarters property

Provision is made for division of a headquarters' property and assets, which it no longer requires, among the parties to the North Atlantic Treaty in proportion to their contributions to the capital costs of the headquarters. The North Atlantic Council, however, is given authority to decide otherwise (art. 9).

6. Legal rights

Each supreme headquarters is given juridical personality, with the right to make contracts, to acquire and dispose of property (art. 10), and to sue and be sued (art. 11).

7. Currency

Headquarters may hold accounts in any currency, and parties to the protocol will facilitate transfers of headquarters funds from one currency to another (art. 12).

8. Immunity for records

The archives and other official documents of a headquarters are inviolable (art. 13).

C. ORGANIZATION AGREEMENT

1. Legal rights of NATO

The North Atlantic Treaty Organization, consisting of the North Atlantic Council, the Council Deputies, and subsidiary bodies, is given juridical personality, with the capacity to make contracts, to acquire and dispose of property, and to institute legal proceedings (art. 4). The Organization, its property, and assets are given immunity from every form of legal process (art. 5). The Organization's premises (art. 6) and documents (art. 7) are made inviolable. Its correspondence and communications are exempt from censorship, and it is given the right to use codes and diplomatic couriers (art. 11).