ARTICLE 8
DETENTION
[US: The Parties reaffirm their commitments to placing Afghan detainees under the sovereignty and control of Afghanistan.]
[AFG: No detention or arrest shall be carried out by the United States forces. The United States forces shall not search any homes or other real estate properties.]
ARTICLE 9
Use of Agreed Facilities and Areas
1. Afghanistan hereby provides access to and use of the agreed facilities and areas, as defined in paragraph 7 of Article 2, solely to implement the purpose and scope of this Agreement. Access to and use of such agreed areas and facilities for other purposes shall be as mutually agreed by the Parties.
2. Afghanistan hereby authorizes United States forces to exercise all rights and authorities within the agreed facilities and areas that are necessary for their use, operation, defense, or control, including the right to undertake new construction works. United States forces may carry out such construction works with members of the force and the civilian component or by contract.
3. Afghanistan hereby authorizes United States forces to control entry to agreed facilities and areas that have been provided for United States forces’ exclusive use, and to coordinate entry with Afghan authorities at joint-use agreed facilities and areas, for the purposes of safety and security. Upon request, the United States shall, in a timely manner, provide to competent authorities of Afghanistan access to any agreed facility or area that has been provided for United States forces exclusive use. The Parties shall establish mutually agreed procedures regarding Afghan authorities’ timely access to any agreed facility or area that has been provided for United States forces exclusive use. Such procedures and access shall be established with due respect for United States forces operations and security requirements. United States forces are hereby authorized to conduct activities in the vicinity of each such agreed facility and area as United States forces determine are necessary to ensure the safety of United States forces and to secure such agreed facilities and areas. Such activities shall be conducted in coordination between the United States forces and ANSF local commanders. FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
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4. Afghanistan shall provide [US:, without charge,] to United States forces, all agreed facilities and areas, including facilities and areas jointly used by United States forces and ANSF.
5. United States forces shall be responsible for the construction, development, operations, and maintenance costs for agreed facilities and areas provided for their exclusive use, unless otherwise agreed by the Parties. Construction, development, operations, and maintenance costs for agreed facilities and areas provided for joint use, or otherwise used jointly by United States forces and ANSF or other entities, shall be shared on the basis of proportionate use, unless otherwise agreed.
6. The United States confirms its commitment to respect relevant Afghan environmental, health and safety laws, regulations and standards in the execution of its policies. United States forces operations and activities on agreed facilities and areas shall be conducted with due regard for the protection of the natural environment and human health and safety, with due respect for applicable Afghan laws and regulations, and in accordance with applicable United States laws and regulations, and applicable international agreements.
7. United States forces operations and activities on agreed facilities and areas shall be conducted with full respect for Afghan laws and regulations for the protection of sites or artifacts of historic and cultural heritage. United States forces shall notify and consult immediately with appropriate Afghan authorities through the Joint Commission when sites or artifacts of historic and cultural heritage are discovered on an agreed facility or area.
ARTICLE 10
Property Ownership
1. United States forces shall return to Afghanistan any agreed facility or area, or any portion thereof, including buildings, non-relocatable structures, and assemblies connected to the soil, including those constructed, altered, or improved by United States forces, when no longer needed for United States forces’ use. United States forces shall keep the requirement for such agreed facilities and areas under periodic reassessment with a view toward such return. The Parties or their Executive Agents shall consult regarding the terms of return of any agreed facility or area. The Parties agree to pursue a preventative rather than reactive approach to environmental protection and human health and safety. The Parties recognize that the policies and practices of the United States are designed to avoid such damage and endangerment and to apply the more protective of either Afghan or United States standards. In accordance with United States forces policy, United States forces shall take prompt action to address a substantial impact to human health and safety due to environmental FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
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contamination that is caused by activities of United States forces and is located on an agreed facility or area.
2. All buildings, non-relocatable structures, and assemblies connected to the soil at the agreed facilities and areas, including those constructed, used, altered, or improved by United States forces, are for the exclusive use of United States forces, United States contractors, and United States contractor employees, and for others as mutually agreed. All such buildings, non-relocatable structures, and assemblies connected to the soil built by United States forces or provided to United States forces for their access and use may be modified by United States forces, and United States forces may use them exclusively until they are no longer required by United States forces.
3. United States forces and United States contractors shall retain title to all equipment, materiel, supplies, relocatable structures, and other movable property they have installed in, imported into, or acquired within the territory of Afghanistan in connection with the presence of United States forces and United States contractors in Afghanistan. The Parties shall consult regarding the possible transfer to or purchase by Afghanistan of equipment determined to be excess, as may be authorized by United States laws and regulations.
ARTICLE 11
Positioning and Storage of Equipment and Materiel
1. Afghanistan authorizes United States forces to position the equipment, supplies, and materiel of United States forces within agreed facilities and areas, and at other locations as mutually agreed. United States forces shall maintain title to and control over the use and disposition of such equipment, supplies, and materiel that are stored in the territory of Afghanistan and shall have the right to remove such items from the territory of Afghanistan.
2. The United States confirms its commitment to respect relevant Afghan safety laws, regulations and standards. United States forces shall take all necessary measures to protect and safely store equipment, supplies, and materiel of United States forces that are of a hazardous nature in accordance with applicable U.S. laws and regulations. In accordance with United States forces policy, United States forces shall take prompt action (1) to clean up spills located on an agreed facility or area; and, (2) to address a substantial impact to human health and safety due to environmental contamination that is caused by activities of United States forces and is located on [AFG: or outside] an agreed facility or area. FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
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ARTICLE 12
Movement of Vehicles, Vessels, and Aircraft
1. Afghanistan has full sovereignty over its airspace, territory and waters. Management of Afghanistan’s airspace and transportation shall be exercised through relevant Afghan authorities.
2. With full respect for Afghan sovereignty [US: and consistent with] [AFG: and solely for the implementation of] the purpose and scope of this Agreement, Afghanistan authorizes United States government aircraft and civil aircraft that are operated by or exclusively for United States forces to enter, exit, and overfly, land, take off, conduct aerial refueling, and move within the territory of Afghanistan. United States Government aircraft and civil aircraft that are operated by or exclusively for United States forces shall not be subject to payment of overflight or navigation fees, or landing or parking fees at government-owned airfields, or other charges. United States government aircraft shall be operated with full respect for the relevant rules of safety and movement in Afghanistan, including notification requirements. Civil aircraft being operated by or exclusively for United States forces are subject to notification requirements regarding their entry into and exit from the territory of Afghanistan as required by the civil aviation authorities of Afghanistan.
3. With full respect for Afghan sovereignty [US: and consistent with] [AFG: and solely for the implementation of] the purpose and scope of this Agreement, Afghanistan authorizes United States government vessels and vehicles and other vessels and vehicles that are operated by or exclusively for United States forces, to enter, exit, and move within the territory of Afghanistan. All such vessels and vehicles shall be operated with full respect for the relevant rules of safety and movement in Afghanistan. Members of the force and of the civilian component have a duty to respect Afghan motor vehicle regulations when operating official vehicles.
4. United States Government aircraft, vessels and vehicles shall be free from boarding without the consent of United States forces authorities. United States Government aircraft, vessels, and vehicles shall be free from inspection, regulation, or registration requirements within Afghanistan, except as otherwise provided in this Agreement or as otherwise agreed by the Joint Commission.
5. United States forces shall pay reasonable charges for services requested and received for United States Government aircraft, vehicles, and vessels, free of taxes, fees, or similar charges. FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
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6. The Parties agree to establish procedures to implement this Article. The Parties shall review and update, as appropriate, such procedures, and shall address any issues immediately through the Joint Commission that may arise regarding such procedures.
ARTICLE 8
DETENTION
[US: The Parties reaffirm their commitments to placing Afghan detainees under the sovereignty and control of Afghanistan.]
[AFG: No detention or arrest shall be carried out by the United States forces. The United States forces shall not search any homes or other real estate properties.]
ARTICLE 9
Use of Agreed Facilities and Areas
1. Afghanistan hereby provides access to and use of the agreed facilities and areas, as defined in paragraph 7 of Article 2, solely to implement the purpose and scope of this Agreement. Access to and use of such agreed areas and facilities for other purposes shall be as mutually agreed by the Parties.
2. Afghanistan hereby authorizes United States forces to exercise all rights and authorities within the agreed facilities and areas that are necessary for their use, operation, defense, or control, including the right to undertake new construction works. United States forces may carry out such construction works with members of the force and the civilian component or by contract.
3. Afghanistan hereby authorizes United States forces to control entry to agreed facilities and areas that have been provided for United States forces’ exclusive use, and to coordinate entry with Afghan authorities at joint-use agreed facilities and areas, for the purposes of safety and security. Upon request, the United States shall, in a timely manner, provide to competent authorities of Afghanistan access to any agreed facility or area that has been provided for United States forces exclusive use. The Parties shall establish mutually agreed procedures regarding Afghan authorities’ timely access to any agreed facility or area that has been provided for United States forces exclusive use. Such procedures and access shall be established with due respect for United States forces operations and security requirements. United States forces are hereby authorized to conduct activities in the vicinity of each such agreed facility and area as United States forces determine are necessary to ensure the safety of United States forces and to secure such agreed facilities and areas. Such activities shall be conducted in coordination between the United States forces and ANSF local commanders. FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
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4. Afghanistan shall provide [US:, without charge,] to United States forces, all agreed facilities and areas, including facilities and areas jointly used by United States forces and ANSF.
5. United States forces shall be responsible for the construction, development, operations, and maintenance costs for agreed facilities and areas provided for their exclusive use, unless otherwise agreed by the Parties. Construction, development, operations, and maintenance costs for agreed facilities and areas provided for joint use, or otherwise used jointly by United States forces and ANSF or other entities, shall be shared on the basis of proportionate use, unless otherwise agreed.
6. The United States confirms its commitment to respect relevant Afghan environmental, health and safety laws, regulations and standards in the execution of its policies. United States forces operations and activities on agreed facilities and areas shall be conducted with due regard for the protection of the natural environment and human health and safety, with due respect for applicable Afghan laws and regulations, and in accordance with applicable United States laws and regulations, and applicable international agreements.
7. United States forces operations and activities on agreed facilities and areas shall be conducted with full respect for Afghan laws and regulations for the protection of sites or artifacts of historic and cultural heritage. United States forces shall notify and consult immediately with appropriate Afghan authorities through the Joint Commission when sites or artifacts of historic and cultural heritage are discovered on an agreed facility or area.
ARTICLE 10
Property Ownership
1. United States forces shall return to Afghanistan any agreed facility or area, or any portion thereof, including buildings, non-relocatable structures, and assemblies connected to the soil, including those constructed, altered, or improved by United States forces, when no longer needed for United States forces’ use. United States forces shall keep the requirement for such agreed facilities and areas under periodic reassessment with a view toward such return. The Parties or their Executive Agents shall consult regarding the terms of return of any agreed facility or area. The Parties agree to pursue a preventative rather than reactive approach to environmental protection and human health and safety. The Parties recognize that the policies and practices of the United States are designed to avoid such damage and endangerment and to apply the more protective of either Afghan or United States standards. In accordance with United States forces policy, United States forces shall take prompt action to address a substantial impact to human health and safety due to environmental FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
11 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
contamination that is caused by activities of United States forces and is located on an agreed facility or area.
2. All buildings, non-relocatable structures, and assemblies connected to the soil at the agreed facilities and areas, including those constructed, used, altered, or improved by United States forces, are for the exclusive use of United States forces, United States contractors, and United States contractor employees, and for others as mutually agreed. All such buildings, non-relocatable structures, and assemblies connected to the soil built by United States forces or provided to United States forces for their access and use may be modified by United States forces, and United States forces may use them exclusively until they are no longer required by United States forces.
3. United States forces and United States contractors shall retain title to all equipment, materiel, supplies, relocatable structures, and other movable property they have installed in, imported into, or acquired within the territory of Afghanistan in connection with the presence of United States forces and United States contractors in Afghanistan. The Parties shall consult regarding the possible transfer to or purchase by Afghanistan of equipment determined to be excess, as may be authorized by United States laws and regulations.
ARTICLE 11
Positioning and Storage of Equipment and Materiel
1. Afghanistan authorizes United States forces to position the equipment, supplies, and materiel of United States forces within agreed facilities and areas, and at other locations as mutually agreed. United States forces shall maintain title to and control over the use and disposition of such equipment, supplies, and materiel that are stored in the territory of Afghanistan and shall have the right to remove such items from the territory of Afghanistan.
2. The United States confirms its commitment to respect relevant Afghan safety laws, regulations and standards. United States forces shall take all necessary measures to protect and safely store equipment, supplies, and materiel of United States forces that are of a hazardous nature in accordance with applicable U.S. laws and regulations. In accordance with United States forces policy, United States forces shall take prompt action (1) to clean up spills located on an agreed facility or area; and, (2) to address a substantial impact to human health and safety due to environmental contamination that is caused by activities of United States forces and is located on [AFG: or outside] an agreed facility or area. FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
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ARTICLE 12
Movement of Vehicles, Vessels, and Aircraft
1. Afghanistan has full sovereignty over its airspace, territory and waters. Management of Afghanistan’s airspace and transportation shall be exercised through relevant Afghan authorities.
2. With full respect for Afghan sovereignty [US: and consistent with] [AFG: and solely for the implementation of] the purpose and scope of this Agreement, Afghanistan authorizes United States government aircraft and civil aircraft that are operated by or exclusively for United States forces to enter, exit, and overfly, land, take off, conduct aerial refueling, and move within the territory of Afghanistan. United States Government aircraft and civil aircraft that are operated by or exclusively for United States forces shall not be subject to payment of overflight or navigation fees, or landing or parking fees at government-owned airfields, or other charges. United States government aircraft shall be operated with full respect for the relevant rules of safety and movement in Afghanistan, including notification requirements. Civil aircraft being operated by or exclusively for United States forces are subject to notification requirements regarding their entry into and exit from the territory of Afghanistan as required by the civil aviation authorities of Afghanistan.
3. With full respect for Afghan sovereignty [US: and consistent with] [AFG: and solely for the implementation of] the purpose and scope of this Agreement, Afghanistan authorizes United States government vessels and vehicles and other vessels and vehicles that are operated by or exclusively for United States forces, to enter, exit, and move within the territory of Afghanistan. All such vessels and vehicles shall be operated with full respect for the relevant rules of safety and movement in Afghanistan. Members of the force and of the civilian component have a duty to respect Afghan motor vehicle regulations when operating official vehicles.
4. United States Government aircraft, vessels and vehicles shall be free from boarding without the consent of United States forces authorities. United States Government aircraft, vessels, and vehicles shall be free from inspection, regulation, or registration requirements within Afghanistan, except as otherwise provided in this Agreement or as otherwise agreed by the Joint Commission.
5. United States forces shall pay reasonable charges for services requested and received for United States Government aircraft, vehicles, and vessels, free of taxes, fees, or similar charges. FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
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6. The Parties agree to establish procedures to implement this Article. The Parties shall review and update, as appropriate, such procedures, and shall address any issues immediately through the Joint Commission that may arise regarding such procedures.