FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
1 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
SECURITY AND DEFENSE COOPERATION AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE ISLAMIC REPUBLIC OF AFGHANISTAN
Preamble
The United States of America (hereinafter, “the United States”) and the Islamic Republic of Afghanistan (hereinafter, “Afghanistan”), hereinafter referred to collectively as “the Parties” and singularly as a “Party;”
Recognizing the Enduring Strategic Partnership Agreement between the United States of America and the Islamic Republic of Afghanistan (2012) (the "Strategic Partnership Agreement") and reaffirming that, as recognized in that Agreement, the Parties are committed to strengthen long-term strategic cooperation in areas of mutual interest, including: advancing peace, security, and reconciliation; strengthening state institutions; supporting Afghanistan’s long-term economic and social development; and encouraging regional cooperation;
Confirming the recognition in the Strategic Partnership Agreement that cooperation between the Parties is based on mutual respect and shared interests — most notably, a common desire for peace and to strengthen collective efforts to achieve a region that is economically integrated, and no longer a safe haven for al-Qaeda and its affiliates;
Emphasizing also the Strategic Partnership Agreement’s recognition that the Parties will go forward in partnership with confidence because they are committed to seeking a future of justice, peace, security, and opportunity for the Afghan people, as well as the reaffirmation of the Parties’ strong commitment to the sovereignty, independence, territorial integrity, and national unity of Afghanistan;
Recognizing the enduring partnership between the United States and Afghanistan, and affirming the mutual intent of the Parties to expand, mature, promote and further elevate their security and defense cooperation based on this Agreement;
Desiring to continue to foster close cooperation concerning defense and security arrangements in order to strengthen security and stability in Afghanistan, contribute to regional and international peace and stability, combat al-Qaeda and its affiliates, and enhance the ability of Afghanistan to deter threats against its sovereignty, security, and territorial integrity; and noting that the United States does not seek permanent military facilities in Afghanistan, or a presence that is a threat to Afghanistan’s neighbors, and has FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
2 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
pledged not to use Afghan territory or facilities as a launching point for attacks against other countries;
Recalling the Chicago Summit Declaration on Afghanistan, issued on May 21, 2012, by the Heads of State and Government of Afghanistan and Nations Contributing to the NATO-led International Security Assistance Force (ISAF), and specifically, the participants’ renewed firm commitment to a sovereign, secure, and democratic Afghanistan and acknowledgment that ISAF’s mission will be concluded by the end of 2014 and that their close partnership will continue beyond the end of the transition period including through NATO and Afghanistan’s mutual commitment to work to establish a new NATO-led Mission to train, advise, and assist the Afghan National Security Forces, and noting here that such a mission will also need to be provided with the necessary authorities, status arrangements, and legal basis;
Reaffirming the continued support of the Parties for regional diplomatic and military cooperation and coordination mechanisms, with a goal of increasing security and stability by reducing tensions, uncertainty, and misunderstanding;
Recalling the 2013 Loya Jirga’s recognition that this Security and Defense Cooperation Agreement between the United States and Afghanistan is important for the security of Afghanistan;
Desiring to develop further the means of defense and security cooperation between the Parties, based on the principles of full respect for the independence, sovereignty, and integrity of their territories, and non-interference in the domestic affairs of each other, in order to promote security and stability in the region, and continue the fight against terrorism;
Agreeing on the importance of Afghanistan having cooperative and friendly relations with its neighbors, emphasizing that such relations should be conducted on the basis of mutual respect, non-interference, and equality, and calling on all nations to respect Afghanistan’s sovereignty and territorial integrity, and to refrain from interfering in Afghanistan’s internal affairs and democratic processes; and
Affirming also that the Parties’ cooperation is based on full respect for the sovereignty of each Party, the purposes of the United Nations Charter, and a shared desire to provide a framework for defense and security cooperation between the Parties; and reaffirming their strong commitment to the sovereignty, independence, territorial integrity, and national unity of Afghanistan, as well as respect for Afghan customs and traditions;
Have agreed as follows: FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
3 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
ARTICLE 1
Purpose and Scope
1. The Parties shall continue to foster close cooperation to strengthen security and stability in Afghanistan, counter terrorism, contribute to regional and international peace and stability, and enhance the ability of Afghanistan to deter internal and external threats against its sovereignty, security, territorial integrity, and national unity.
2. The United States shall undertake the following types of activities in close cooperation and coordination with Afghanistan [US: as may be mutually agreed]:
a. Advising, training, equipping, supporting, and sustaining ANSF, including in field engineering, countering improvised explosive devices and explosive ordnance disposal;
b. Establishing and upgrading ANSF transportation and logistics systems;
c. Improving ANSF capabilities for protected mobility systems with integrated fire power;
d. Improving ANSF capabilities for fire support, including artillery;
e. Developing intelligence sharing capabilities;
f. Strengthening Afghanistan’s Air Force capabilities;
g. Conducting combined military exercises; and
h. Other activities as may be agreed.
3. In addition, the Parties acknowledge that continued U.S. military operations to defeat al-Qaeda and its affiliates may be appropriate and agree to continue their close cooperation and coordination toward that end. The Parties also acknowledge the importance of cooperation and coordination regarding other transnational threats that may emerge, as may be appropriate.
4. In furtherance of the activities and operations referred to in paragraphs 1 through 3 of this Article, and for other purposes and missions as may be mutually agreed, and consistent with the authorizations as detailed in this Agreement [US: United States forces may undertake transit, support, and related activities, including as may be necessary to support themselves while they are present in Afghanistan under the terms of this Agreement, and such other activities as detailed in this Agreement, or as may be mutually agreed.]
5. The Parties recognize that ANSF are responsible for military operations against internal national security threats to Afghanistan, including logistics, transportation, communication, and other support. The Parties shall seek to enhance ANSF’s ability to deter such threats, including, mutually determined efforts towards sharing intelligence, assessing threats, and supporting the planning of ANSF operations in response to urgent threats, and other FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
4 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
cooperation and activities as may be mutually agreed. Upon request, the United States shall stand ready to urgently determine support it can [US: appropriately] provide to the ANSF in order to help deter threats to Afghanistan’s internal security.
6. This Agreement, including any Annexes and any implementing agreements or arrangements, [US: provides] [AFG: may provide] the necessary authorizations as detailed in this Agreement for the presence and activities of United States forces in Afghanistan and defines the terms and conditions that describe that presence, and in the specific situations indicated herein, the presence and activities of United States contractors and United States contractor employees in Afghanistan.
ARTICLE 2
Definitions
1. “United States forces” means the entity comprising the members of the force and of the civilian component, and all property, equipment, and materiel of the United States Armed Forces present in the territory of Afghanistan.
2. “Member of the force” means any person belonging to the land, sea, or air services of the United States Armed Forces.
3. “Member of the civilian component” means any person employed by the United States Department of Defense (DoD) who is not a member of the force. However, “member of the civilian component” does not mean persons who are permanently resident in Afghanistan or Afghan nationals who normally reside in Afghanistan.
4. “Executive Agent” means DoD for the United States and the Ministry of Defense (MOD) for Afghanistan. The Executive Agent serves as the principal contact for its respective Party for the implementation of this Agreement.
5. “United States contractors” means persons and legal entities who are supplying goods and services in Afghanistan to or on behalf of United States forces under a [AFG: prime] contract [US: or subcontract] with or in support of United States forces. [AFG: Subcontractors are not included under the definition of United States contractors.]
6. “United States contractor employees” means the employees of United States contractors.
7. “Agreed facilities and areas” means the facilities and areas in the territory of Afghanistan provided by Afghanistan and listed in Annex A, and such other facilities and areas in the territory of Afghanistan as may be provided by Afghanistan in the future, to which United FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
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States forces, United States contractors, United States contractor employees, and others as mutually agreed, shall have the right to access and use pursuant to this Agreement.
8. “Afghan National Security Forces” or “ANSF” means the entity comprising the members of the security forces under the Ministry of Interior and the Ministry of Defense of Afghanistan and, as appropriate, the National Directorate of Security, and other entities as mutually agreed.
9. “Taxes” means all taxes, duties (including customs duties), [US: fees,] and similar or related charges of whatever kind, imposed by the Government of Afghanistan which, for the purposes of this Agreement, means by governmental authorities of Afghanistan at any level, including provincial and district levels, and by the agencies of such governmental authorities.
ARTICLE 3
Laws
1. It is the duty of members of the force and of the civilian component to respect the Constitution and laws of Afghanistan and to abstain from any activity inconsistent with the spirit of this Agreement and, in particular, from any political activity in the territory of Afghanistan. It is the duty of United States forces authorities to take necessary measures to that end.
2. The Parties’ respective obligations under this Agreement, and any subsequent arrangements, are without prejudice to Afghan sovereignty over its territory, and each Party’s right of self-defense, consistent with international law. Cooperation and activities relating to implementation of this Agreement shall be consistent with the Parties’ respective commitments and obligations under international law.
پیمان راهبردی میان افغانستان و آمریکا
FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
1 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
SECURITY AND DEFENSE COOPERATION AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE ISLAMIC REPUBLIC OF AFGHANISTAN
Preamble
The United States of America (hereinafter, “the United States”) and the Islamic Republic of Afghanistan (hereinafter, “Afghanistan”), hereinafter referred to collectively as “the Parties” and singularly as a “Party;”
Recognizing the Enduring Strategic Partnership Agreement between the United States of America and the Islamic Republic of Afghanistan (2012) (the "Strategic Partnership Agreement") and reaffirming that, as recognized in that Agreement, the Parties are committed to strengthen long-term strategic cooperation in areas of mutual interest, including: advancing peace, security, and reconciliation; strengthening state institutions; supporting Afghanistan’s long-term economic and social development; and encouraging regional cooperation;
Confirming the recognition in the Strategic Partnership Agreement that cooperation between the Parties is based on mutual respect and shared interests — most notably, a common desire for peace and to strengthen collective efforts to achieve a region that is economically integrated, and no longer a safe haven for al-Qaeda and its affiliates;
Emphasizing also the Strategic Partnership Agreement’s recognition that the Parties will go forward in partnership with confidence because they are committed to seeking a future of justice, peace, security, and opportunity for the Afghan people, as well as the reaffirmation of the Parties’ strong commitment to the sovereignty, independence, territorial integrity, and national unity of Afghanistan;
Recognizing the enduring partnership between the United States and Afghanistan, and affirming the mutual intent of the Parties to expand, mature, promote and further elevate their security and defense cooperation based on this Agreement;
Desiring to continue to foster close cooperation concerning defense and security arrangements in order to strengthen security and stability in Afghanistan, contribute to regional and international peace and stability, combat al-Qaeda and its affiliates, and enhance the ability of Afghanistan to deter threats against its sovereignty, security, and territorial integrity; and noting that the United States does not seek permanent military facilities in Afghanistan, or a presence that is a threat to Afghanistan’s neighbors, and has FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
2 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
pledged not to use Afghan territory or facilities as a launching point for attacks against other countries;
Recalling the Chicago Summit Declaration on Afghanistan, issued on May 21, 2012, by the Heads of State and Government of Afghanistan and Nations Contributing to the NATO-led International Security Assistance Force (ISAF), and specifically, the participants’ renewed firm commitment to a sovereign, secure, and democratic Afghanistan and acknowledgment that ISAF’s mission will be concluded by the end of 2014 and that their close partnership will continue beyond the end of the transition period including through NATO and Afghanistan’s mutual commitment to work to establish a new NATO-led Mission to train, advise, and assist the Afghan National Security Forces, and noting here that such a mission will also need to be provided with the necessary authorities, status arrangements, and legal basis;
Reaffirming the continued support of the Parties for regional diplomatic and military cooperation and coordination mechanisms, with a goal of increasing security and stability by reducing tensions, uncertainty, and misunderstanding;
Recalling the 2013 Loya Jirga’s recognition that this Security and Defense Cooperation Agreement between the United States and Afghanistan is important for the security of Afghanistan;
Desiring to develop further the means of defense and security cooperation between the Parties, based on the principles of full respect for the independence, sovereignty, and integrity of their territories, and non-interference in the domestic affairs of each other, in order to promote security and stability in the region, and continue the fight against terrorism;
Agreeing on the importance of Afghanistan having cooperative and friendly relations with its neighbors, emphasizing that such relations should be conducted on the basis of mutual respect, non-interference, and equality, and calling on all nations to respect Afghanistan’s sovereignty and territorial integrity, and to refrain from interfering in Afghanistan’s internal affairs and democratic processes; and
Affirming also that the Parties’ cooperation is based on full respect for the sovereignty of each Party, the purposes of the United Nations Charter, and a shared desire to provide a framework for defense and security cooperation between the Parties; and reaffirming their strong commitment to the sovereignty, independence, territorial integrity, and national unity of Afghanistan, as well as respect for Afghan customs and traditions;
Have agreed as follows: FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
3 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
ARTICLE 1
Purpose and Scope
1. The Parties shall continue to foster close cooperation to strengthen security and stability in Afghanistan, counter terrorism, contribute to regional and international peace and stability, and enhance the ability of Afghanistan to deter internal and external threats against its sovereignty, security, territorial integrity, and national unity.
2. The United States shall undertake the following types of activities in close cooperation and coordination with Afghanistan [US: as may be mutually agreed]:
a. Advising, training, equipping, supporting, and sustaining ANSF, including in field engineering, countering improvised explosive devices and explosive ordnance disposal;
b. Establishing and upgrading ANSF transportation and logistics systems;
c. Improving ANSF capabilities for protected mobility systems with integrated fire power;
d. Improving ANSF capabilities for fire support, including artillery;
e. Developing intelligence sharing capabilities;
f. Strengthening Afghanistan’s Air Force capabilities;
g. Conducting combined military exercises; and
h. Other activities as may be agreed.
3. In addition, the Parties acknowledge that continued U.S. military operations to defeat al-Qaeda and its affiliates may be appropriate and agree to continue their close cooperation and coordination toward that end. The Parties also acknowledge the importance of cooperation and coordination regarding other transnational threats that may emerge, as may be appropriate.
4. In furtherance of the activities and operations referred to in paragraphs 1 through 3 of this Article, and for other purposes and missions as may be mutually agreed, and consistent with the authorizations as detailed in this Agreement [US: United States forces may undertake transit, support, and related activities, including as may be necessary to support themselves while they are present in Afghanistan under the terms of this Agreement, and such other activities as detailed in this Agreement, or as may be mutually agreed.]
5. The Parties recognize that ANSF are responsible for military operations against internal national security threats to Afghanistan, including logistics, transportation, communication, and other support. The Parties shall seek to enhance ANSF’s ability to deter such threats, including, mutually determined efforts towards sharing intelligence, assessing threats, and supporting the planning of ANSF operations in response to urgent threats, and other FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
4 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
cooperation and activities as may be mutually agreed. Upon request, the United States shall stand ready to urgently determine support it can [US: appropriately] provide to the ANSF in order to help deter threats to Afghanistan’s internal security.
6. This Agreement, including any Annexes and any implementing agreements or arrangements, [US: provides] [AFG: may provide] the necessary authorizations as detailed in this Agreement for the presence and activities of United States forces in Afghanistan and defines the terms and conditions that describe that presence, and in the specific situations indicated herein, the presence and activities of United States contractors and United States contractor employees in Afghanistan.
ARTICLE 2
Definitions
1. “United States forces” means the entity comprising the members of the force and of the civilian component, and all property, equipment, and materiel of the United States Armed Forces present in the territory of Afghanistan.
2. “Member of the force” means any person belonging to the land, sea, or air services of the United States Armed Forces.
3. “Member of the civilian component” means any person employed by the United States Department of Defense (DoD) who is not a member of the force. However, “member of the civilian component” does not mean persons who are permanently resident in Afghanistan or Afghan nationals who normally reside in Afghanistan.
4. “Executive Agent” means DoD for the United States and the Ministry of Defense (MOD) for Afghanistan. The Executive Agent serves as the principal contact for its respective Party for the implementation of this Agreement.
5. “United States contractors” means persons and legal entities who are supplying goods and services in Afghanistan to or on behalf of United States forces under a [AFG: prime] contract [US: or subcontract] with or in support of United States forces. [AFG: Subcontractors are not included under the definition of United States contractors.]
6. “United States contractor employees” means the employees of United States contractors.
7. “Agreed facilities and areas” means the facilities and areas in the territory of Afghanistan provided by Afghanistan and listed in Annex A, and such other facilities and areas in the territory of Afghanistan as may be provided by Afghanistan in the future, to which United FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
5 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
States forces, United States contractors, United States contractor employees, and others as mutually agreed, shall have the right to access and use pursuant to this Agreement.
8. “Afghan National Security Forces” or “ANSF” means the entity comprising the members of the security forces under the Ministry of Interior and the Ministry of Defense of Afghanistan and, as appropriate, the National Directorate of Security, and other entities as mutually agreed.
9. “Taxes” means all taxes, duties (including customs duties), [US: fees,] and similar or related charges of whatever kind, imposed by the Government of Afghanistan which, for the purposes of this Agreement, means by governmental authorities of Afghanistan at any level, including provincial and district levels, and by the agencies of such governmental authorities.
ARTICLE 3
Laws
1. It is the duty of members of the force and of the civilian component to respect the Constitution and laws of Afghanistan and to abstain from any activity inconsistent with the spirit of this Agreement and, in particular, from any political activity in the territory of Afghanistan. It is the duty of United States forces authorities to take necessary measures to that end.
2. The Parties’ respective obligations under this Agreement, and any subsequent arrangements, are without prejudice to Afghan sovereignty over its territory, and each Party’s right of self-defense, consistent with international law. Cooperation and activities relating to implementation of this Agreement shall be consistent with the Parties’ respective commitments and obligations under international law.