ARTICLE 13
Contracting Procedures
1. United States forces, in accordance with United States laws, may enter into contracts for the acquisition of articles and services, including construction, in the territory of Afghanistan. Afghanistan recognizes that United States forces are bound by the laws and regulations of the United States in the solicitation, award, and administration of such contracts. United States contractors shall be exempt from all Afghan [US: license and fee] requirements in relation to their entry into or execution of contracts [US: and subcontracts ] with or on behalf of United States forces. United States forces shall strive to utilize Afghan suppliers of goods, products and services to the greatest extent practicable, in accordance with United States laws and regulations.
2. United States contractors are subject to registration in Afghanistan, as required by the laws and regulations of Afghanistan. Such registration shall be through an expedited process [US: at no cost and without fees] and, as required under laws and regulations of Afghanistan, shall include a process whereby United States contractors are required to confirm their tax exemption status for their activities with or in support of United States forces. United States contractors are subject to Afghanistan requirements regarding employer withholding of personal income tax from United States contractor employees who normally reside in Afghanistan (including Afghan citizens) for payment to Afghanistan, as required by the laws and regulations of Afghanistan.
3. Recognizing the importance of transparency, including through the sharing of information and consultations as may be mutually agreed, United States forces shall give due consideration to concerns expressed in specific contracting cases by Afghan authorities.
4. Upon the request of either Party, the Parties shall consult immediately through the Joint Commission concerning any issues, including issues concerning the activities of United States contractors and United States contractor employees that may arise regarding implementation of this Article.
ARTICLE 14
Utilities and Communications FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
14 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
1. United States forces may produce and provide services including but not limited to water, electricity, and other utilities for agreed facilities and areas and for other locations as mutually agreed. The production and provision of such services shall be notified to and coordinated with the Joint Commission on a periodic basis. United States forces and United States contractors may use Afghan public water, electricity, and other Afghan public utilities on terms and conditions, including rates or charges, no less favorable than those paid by ANSF, less fees and taxes, unless otherwise mutually agreed. United States forces’ or United States contractors’ costs shall be equal to their proportionate use of such public utilities.
2. Afghanistan recognizes that the United States forces shall use the radio spectrum. The Afghan side shall allocate Afghan owned frequencies based on relevant Afghan regulations. The United States shall be allowed to operate its own telecommunications systems (as telecommunication is defined in the 1992 Constitution of the International Telecommunication Union), including the use of such means and services as required to ensure full ability to operate telecommunications systems, and the use of radio spectrum allocated by appropriate Afghan authorities for this purpose. Use of radio spectrum shall be free of cost to the United States.
3. United States forces, in recognition of Afghan ownership and allocation of frequencies within Afghanistan and in the interest of avoiding mutually disruptive interference, shall coordinate with appropriate Afghan authorities for the allocation of frequencies for United States forces present in Afghanistan. United States forces shall respect frequencies in use by or reserved for local operators.
4. Use of telecommunications by United States forces shall be done in a manner that avoids interference with use of radio spectrum or other telecommunication equipment operated by the Afghan government and other organizations the Afghan government has granted permission to use radio spectrum and/or telecommunications equipment.
ARTICLE 15
Status of Personnel
[US.: 1. Afghanistan recognizes the particular importance of disciplinary control by United States forces authorities over members of the force and of the civilian component. Therefore, Afghanistan exercises its sovereign authority to waive jurisdiction over members of the force and of the civilian component, and agrees that the United States shall have the exclusive right to exercise jurisdiction over such persons in respect of any criminal or civil offenses that may be committed in the territory of Afghanistan, and authorizes the United FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
15 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
States to hold the trials in such cases, or take other disciplinary action, as appropriate, in the territory of Afghanistan.
2. Members of the force and of the civilian component are exempt from personal arrest or detention. Members of the force and of the civilian component arrested or detained by Afghan authorities shall be immediately handed over to United States forces authorities.]
[AFG: 1. Subject to the provisions of this Article,
a. The military authorities of the United States Forces shall have the right to exercise within Afghanistan all criminal and disciplinary jurisdiction conferred on them by the law of the United States Forces over all persons subject to the military law of the United States;
b .The authorities of Afghanistan shall have jurisdiction over the members of United States Forces or civilian component with respect to offences committed within the territory of Afghanistan and punishable by the law of Afghanistan.
2. a. The military authorities of the United States Forces shall have the right to exercise exclusive jurisdiction over persons subject to the military law of the United States with respect to offences, including offences relating to its security, punishable by the law of the United States, but not by the law of Afghanistan.
b. The authorities of Afghanistan shall have the right to exercise exclusive jurisdiction over members of a force or civilian component and their dependents with respect to offences, including offences relating to the security of Afghanistan, punishable by its law but not by the law of the United States.
c. For the purposes of this paragraph and of paragraph 3 of this Article a security offence against a State shall include:
i. Treason against the State;
ii. Sabotage, espionage or violation of any law relating to official secrets of that State, or secrets relating to the national defense of that State
3. In case where the right to exercise jurisdiction is concurrent the following rules shall apply:
a. The military authorities of the United States Forces shall have the primary right to exercise jurisdiction over a member of the force or of the civilian component in relation to
i. Offences solely against the property or security of the United States, or offences solely against the person or property of another member of the force or civilian component of the United States; FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
16 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
ii. Offenses arising out of any act or omission done in the performance of official duty.
b. In the case of any other offence, the authorities of Afghanistan shall have the primary right to exercise jurisdiction.]
3. Afghanistan and the United States agree that members of the force and of the civilian component may not be surrendered to, or otherwise transferred to, the custody of an international tribunal or any other entity or state without the express consent of the United States.
ARTICLE 16
Bearing of Arms and Wearing of Uniforms
1. When present in Afghanistan under this Agreement, members of the force and of the civilian component may possess and carry arms in Afghanistan as required for the performance of their duties and as authorized by their orders. The Joint Commission may determine in a separate implementing arrangement, the places where this right is not applicable, taking into account public safety and respect for mosques or other sites of religious significance. Members of the force may wear uniforms while in Afghanistan. United States forces authorities shall take appropriate measures to ensure that members of the force and of the civilian component are mindful of their presence in public areas, including in the carrying of weapons.
2. The Parties agree that United States contractors and United States contractor employees are not permitted to wear military uniforms and may only carry weapons in accordance with Afghan laws and regulations.
3. United States contractors performing security services in Afghanistan are subject to all relevant requirements of Afghan laws and regulations.
4. Upon the request of either Party, the Parties shall consult immediately through the Joint Commission concerning any issues that may arise regarding implementation of this Article.
ARTICLE 17
Entry and Exit
1. Members of the force and members of the civilian component may enter and exit Afghanistan at agreed facilities and areas listed in Annex A, at official points of embarkation and debarkation as listed in Annex B, and at other areas as mutually agreed FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
17 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
with identification cards issued by the United States, and either collective or individual movement orders. Passports and visas shall not be required. Such personnel shall be exempt from Afghan law and regulations on registration and control of foreign citizens.
2. United States contractors and United States contractor employees may enter and exit Afghanistan at the places of entry and exit described in Paragraph 1 of this Article. Passports and visas shall be required in accordance with Afghan law. If a visa is required, and requested by a United States contractor or a United States contractor employee, it shall provide for multiple entries and exits and shall be valid for a period of not less than one year. The appropriate Afghan authorities shall issue or decline to issue required visas expeditiously. In the event Afghanistan declines to issue such visa, the appropriate Afghan authorities shall immediately notify the person concerned and United States forces authorities. For exceptional situations as may be agreed through the Joint Commission, Afghanistan shall seek to put in place and make available to United States contractor employees a process for the issuance of visas upon their arrival in Afghanistan.
3. The United States recognizes the sovereign right of Afghanistan to request the removal of any member of the force or member of the civilian component from Afghanistan. United States forces authorities shall take appropriate measures to expeditiously remove such persons from Afghanistan upon request by proper Afghan authorities.
4. The Parties agree to establish procedures to implement this Article. The Joint Commission shall periodically review and update procedures for appropriate Afghan authorities to process members of the force and of the civilian component who arrive at or depart from the places of entry and exit described in Paragraph 1 of this Article, including coordination and inspection of documentation. Afghan authorities may develop lists as necessary of members of the force and of the civilian component entering and exiting Afghan territory at the agreed facilities and areas, as necessary.
ARTICLE 13
Contracting Procedures
1. United States forces, in accordance with United States laws, may enter into contracts for the acquisition of articles and services, including construction, in the territory of Afghanistan. Afghanistan recognizes that United States forces are bound by the laws and regulations of the United States in the solicitation, award, and administration of such contracts. United States contractors shall be exempt from all Afghan [US: license and fee] requirements in relation to their entry into or execution of contracts [US: and subcontracts ] with or on behalf of United States forces. United States forces shall strive to utilize Afghan suppliers of goods, products and services to the greatest extent practicable, in accordance with United States laws and regulations.
2. United States contractors are subject to registration in Afghanistan, as required by the laws and regulations of Afghanistan. Such registration shall be through an expedited process [US: at no cost and without fees] and, as required under laws and regulations of Afghanistan, shall include a process whereby United States contractors are required to confirm their tax exemption status for their activities with or in support of United States forces. United States contractors are subject to Afghanistan requirements regarding employer withholding of personal income tax from United States contractor employees who normally reside in Afghanistan (including Afghan citizens) for payment to Afghanistan, as required by the laws and regulations of Afghanistan.
3. Recognizing the importance of transparency, including through the sharing of information and consultations as may be mutually agreed, United States forces shall give due consideration to concerns expressed in specific contracting cases by Afghan authorities.
4. Upon the request of either Party, the Parties shall consult immediately through the Joint Commission concerning any issues, including issues concerning the activities of United States contractors and United States contractor employees that may arise regarding implementation of this Article.
ARTICLE 14
Utilities and Communications FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
14 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
1. United States forces may produce and provide services including but not limited to water, electricity, and other utilities for agreed facilities and areas and for other locations as mutually agreed. The production and provision of such services shall be notified to and coordinated with the Joint Commission on a periodic basis. United States forces and United States contractors may use Afghan public water, electricity, and other Afghan public utilities on terms and conditions, including rates or charges, no less favorable than those paid by ANSF, less fees and taxes, unless otherwise mutually agreed. United States forces’ or United States contractors’ costs shall be equal to their proportionate use of such public utilities.
2. Afghanistan recognizes that the United States forces shall use the radio spectrum. The Afghan side shall allocate Afghan owned frequencies based on relevant Afghan regulations. The United States shall be allowed to operate its own telecommunications systems (as telecommunication is defined in the 1992 Constitution of the International Telecommunication Union), including the use of such means and services as required to ensure full ability to operate telecommunications systems, and the use of radio spectrum allocated by appropriate Afghan authorities for this purpose. Use of radio spectrum shall be free of cost to the United States.
3. United States forces, in recognition of Afghan ownership and allocation of frequencies within Afghanistan and in the interest of avoiding mutually disruptive interference, shall coordinate with appropriate Afghan authorities for the allocation of frequencies for United States forces present in Afghanistan. United States forces shall respect frequencies in use by or reserved for local operators.
4. Use of telecommunications by United States forces shall be done in a manner that avoids interference with use of radio spectrum or other telecommunication equipment operated by the Afghan government and other organizations the Afghan government has granted permission to use radio spectrum and/or telecommunications equipment.
ARTICLE 15
Status of Personnel
[US.: 1. Afghanistan recognizes the particular importance of disciplinary control by United States forces authorities over members of the force and of the civilian component. Therefore, Afghanistan exercises its sovereign authority to waive jurisdiction over members of the force and of the civilian component, and agrees that the United States shall have the exclusive right to exercise jurisdiction over such persons in respect of any criminal or civil offenses that may be committed in the territory of Afghanistan, and authorizes the United FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
15 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
States to hold the trials in such cases, or take other disciplinary action, as appropriate, in the territory of Afghanistan.
2. Members of the force and of the civilian component are exempt from personal arrest or detention. Members of the force and of the civilian component arrested or detained by Afghan authorities shall be immediately handed over to United States forces authorities.]
[AFG: 1. Subject to the provisions of this Article,
a. The military authorities of the United States Forces shall have the right to exercise within Afghanistan all criminal and disciplinary jurisdiction conferred on them by the law of the United States Forces over all persons subject to the military law of the United States;
b .The authorities of Afghanistan shall have jurisdiction over the members of United States Forces or civilian component with respect to offences committed within the territory of Afghanistan and punishable by the law of Afghanistan.
2. a. The military authorities of the United States Forces shall have the right to exercise exclusive jurisdiction over persons subject to the military law of the United States with respect to offences, including offences relating to its security, punishable by the law of the United States, but not by the law of Afghanistan.
b. The authorities of Afghanistan shall have the right to exercise exclusive jurisdiction over members of a force or civilian component and their dependents with respect to offences, including offences relating to the security of Afghanistan, punishable by its law but not by the law of the United States.
c. For the purposes of this paragraph and of paragraph 3 of this Article a security offence against a State shall include:
i. Treason against the State;
ii. Sabotage, espionage or violation of any law relating to official secrets of that State, or secrets relating to the national defense of that State
3. In case where the right to exercise jurisdiction is concurrent the following rules shall apply:
a. The military authorities of the United States Forces shall have the primary right to exercise jurisdiction over a member of the force or of the civilian component in relation to
i. Offences solely against the property or security of the United States, or offences solely against the person or property of another member of the force or civilian component of the United States; FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
16 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
ii. Offenses arising out of any act or omission done in the performance of official duty.
b. In the case of any other offence, the authorities of Afghanistan shall have the primary right to exercise jurisdiction.]
3. Afghanistan and the United States agree that members of the force and of the civilian component may not be surrendered to, or otherwise transferred to, the custody of an international tribunal or any other entity or state without the express consent of the United States.
ARTICLE 16
Bearing of Arms and Wearing of Uniforms
1. When present in Afghanistan under this Agreement, members of the force and of the civilian component may possess and carry arms in Afghanistan as required for the performance of their duties and as authorized by their orders. The Joint Commission may determine in a separate implementing arrangement, the places where this right is not applicable, taking into account public safety and respect for mosques or other sites of religious significance. Members of the force may wear uniforms while in Afghanistan. United States forces authorities shall take appropriate measures to ensure that members of the force and of the civilian component are mindful of their presence in public areas, including in the carrying of weapons.
2. The Parties agree that United States contractors and United States contractor employees are not permitted to wear military uniforms and may only carry weapons in accordance with Afghan laws and regulations.
3. United States contractors performing security services in Afghanistan are subject to all relevant requirements of Afghan laws and regulations.
4. Upon the request of either Party, the Parties shall consult immediately through the Joint Commission concerning any issues that may arise regarding implementation of this Article.
ARTICLE 17
Entry and Exit
1. Members of the force and members of the civilian component may enter and exit Afghanistan at agreed facilities and areas listed in Annex A, at official points of embarkation and debarkation as listed in Annex B, and at other areas as mutually agreed FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
17 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
with identification cards issued by the United States, and either collective or individual movement orders. Passports and visas shall not be required. Such personnel shall be exempt from Afghan law and regulations on registration and control of foreign citizens.
2. United States contractors and United States contractor employees may enter and exit Afghanistan at the places of entry and exit described in Paragraph 1 of this Article. Passports and visas shall be required in accordance with Afghan law. If a visa is required, and requested by a United States contractor or a United States contractor employee, it shall provide for multiple entries and exits and shall be valid for a period of not less than one year. The appropriate Afghan authorities shall issue or decline to issue required visas expeditiously. In the event Afghanistan declines to issue such visa, the appropriate Afghan authorities shall immediately notify the person concerned and United States forces authorities. For exceptional situations as may be agreed through the Joint Commission, Afghanistan shall seek to put in place and make available to United States contractor employees a process for the issuance of visas upon their arrival in Afghanistan.
3. The United States recognizes the sovereign right of Afghanistan to request the removal of any member of the force or member of the civilian component from Afghanistan. United States forces authorities shall take appropriate measures to expeditiously remove such persons from Afghanistan upon request by proper Afghan authorities.
4. The Parties agree to establish procedures to implement this Article. The Joint Commission shall periodically review and update procedures for appropriate Afghan authorities to process members of the force and of the civilian component who arrive at or depart from the places of entry and exit described in Paragraph 1 of this Article, including coordination and inspection of documentation. Afghan authorities may develop lists as necessary of members of the force and of the civilian component entering and exiting Afghan territory at the agreed facilities and areas, as necessary.