Kamran Mir Hazar Youtube Channel
حقوق بشر، مردم بومی، ملت های بدون دولت، تکنولوژی، ادبیات، بررسی کتاب، تاریخ، فلسفه، پارادایم و رفاه
سابسکرایب

صفحه نخست کابل پرس > ... > سخنگاه 77760

پیمان راهبردی میان افغانستان و آمریکا

20 نوامبر 2013, 14:05, توسط ارمان

ARTICLE 18
Importation and Exportation
1. United States forces and United States contractors may import into, export out of, re-export out of, transport, and use in Afghanistan any equipment, supplies, materiel, technology, training, or services. The authorizations in this paragraph do not cover the activities of United States contractors that are not related to the presence of United States forces in Afghanistan. Identifying documents shall be provided to indicate that such equipment, supplies, materiel, technology, training, or services being imported by United States contractors are for United States forces’ purposes and not for any private commercial purposes. FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
18 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013

2. Members of the force and of the civilian component and United States contractors and those United States contractor employees who do not normally reside in Afghanistan may import into, export out of, re-export out of, transport, and use in Afghanistan personal effects . The imported quantities shall be reasonable and proportionate to personal use. The property referred to in this Paragraph, may not be sold or otherwise transferred in Afghanistan to persons who are not entitled to import such items duty free unless such transfer is in accordance with agreed procedures, including on payment of any taxes or fees due as a result of such transaction, established by the Joint Commission.
3. United States Forces authorities, working with relevant Afghan authorities, shall take appropriate measures to ensure that no items or material of cultural or historic significance to Afghanistan are being exported and that, as provided in United States Central Command General Order number 1, no alcohol, pornography, illegal narcotics, or privately owned firearms, or other contraband or items as may be mutually agreed, are being imported using the authorizations provided in paragraphs 1 and 2 of this Article.
4. A. The importation, exportation, re-exportation, transportation, and use of any articles brought into Afghanistan pursuant to paragraph 1 and 2 of this Article shall not be subject to restrictions, such as licensing, inspection or verification, except as provided in paragraph 4B of this Article, taxes and customs duties or other charges assessed by government authorities in Afghanistan within the territory of Afghanistan.
4. B. The relevant Afghan authorities reserve the right of verification of any container imported by United States contractors and United States contractor employees for United States forces’ purposes in Afghanistan or as personal effects, as authorized in paragraph 1 and 2 of this Article. Without causing undue delay, and upon presentation by the relevant Afghan authorities of information to United States forces authorities that a United States contractor is abusing the authority granted in paragraph 1 or 2 of this Article, United States forces authorities shall open and verify suspected shipments or containers intended for import in the presence of the Afghan authorities. Afghan authorities shall honor the security requirements of United States forces and upon request by United States forces authorities permit such verifications to take place within agreed facilities and areas or other areas as mutually agreed.
5. United States forces authorities shall take measures within their authority to prevent abuse of the authorizations in paragraphs 1 and 2 of this Article, and shall conduct inquiries and assist the relevant Afghanistan authorities in the conduct of inquiries and the collection of evidence relating to the suspected improper importation, exportation, re-exportation, transfer, or disposition of goods by members of the force, members of the civilian component, United States contractors, and United States contractor employees. FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
19 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013

6. Items imported into Afghanistan or purchased in Afghanistan pursuant to this Article may be disposed of in Afghanistan with due respect for Afghan laws and regulations.
7. Upon the request of either Party, the Parties shall review and consult immediately through the Joint Commission concerning any issues that may arise regarding implementation of this Article.
ARTICLE 19
Taxation
1. The acquisition in Afghanistan of articles and services by or on behalf of United States forces shall not be subject to any taxes or similar charges assessed within the territory of Afghanistan.
2. United States forces, including members of the force and of the civilian component, shall not be liable to pay any tax or similar or related charges assessed by the Government of Afghanistan within the territory of Afghanistan.
3. United States contractors shall not be liable to pay any tax or similar or related charges assessed by the Government of Afghanistan within the territory of Afghanistan on their activities, and associated income, relating to or on behalf of United States forces under a contract with or in support of United States forces. However, United States contractors that are Afghan legal entities shall not be exempt from corporate profits tax that may be assessed by the Government of Afghanistan within the territory of Afghanistan on income received due to their status as United States contractors.
4. United States contractor employees who do not normally reside in Afghanistan shall not be liable to pay any tax, or similar or related charges assessed by the Government of Afghanistan within the territory of Afghanistan on their activities, and associated income, relating to a contract [US: or subcontract] with or in support of United States forces.
5. United States contractors and United States contractor employees are not exempt under this Agreement from paying taxes assessed by the Government of Afghanistan within the territory of Afghanistan on their activities in Afghanistan that are not associated with supplying goods and services in Afghanistan to or on behalf of United States forces under a contract [US: or subcontract] with or in support of United States forces.
ARTICLE 20
Driving and Professional Licenses FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
20 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013

1. Afghanistan agrees to accept as valid, without a driving test or fee, driving licenses or permits issued by United States authorities to members of the force or of the civilian component, United States contractors, and United States contractor employees for operation of vehicles, vessels, or aircraft by or for United States forces within the territory of Afghanistan.
2. Afghanistan agrees to accept as valid all professional licenses issued by United States authorities to members of the force or of the civilian component and United States contractors or United States contractor employees in relation to the provision of services as part of their official or contractual duties.
3. United States forces authorities shall endeavor to ensure that members of the force or of the civilian component, United States contractors, and United States contractor employees have current, valid driving licenses and permits for operation of vehicles, vessels, or aircraft by or for United States forces within the territory of Afghanistan. The Joint Commission shall establish mechanisms to exchange information on United States licenses and permits. In response to requests from Afghan authorities, the United States shall seek to verify the validity of such licenses.
ARTICLE 21
Motor Vehicles
Afghanistan agrees to accept as valid the registration and licensing by United States forces authorities of the official vehicles of United States forces. Upon the request of United States forces authorities, Afghan authorities shall issue, without charge, license plates for United States forces’ official, non-tactical vehicles. United States forces official, non-tactical vehicles shall display official Afghan license plates that are indistinguishable from other Afghan license plates, upon their provision by Afghanistan.
ARTICLE 22
Service Support Activities
1. United States forces may directly or through contract establish and operate at agreed facilities and areas service support activities, including military post offices, banking services, military service exchanges, commissaries, recreational service areas, and telecommunications services, including broadcast services. It is not the United States’ intention for broadcasting, media, and entertainment services to reach beyond the scope of the agreed facilities and areas. Taking into consideration Afghan laws, traditions, and FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
21 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013

customs, United States forces may continue to make available television and radio broadcast services such as media and entertainment programming for the purposes of morale, welfare, and recreation of United States forces and other authorized recipients located on agreed facilities and areas.
2. United States forces shall take appropriate measures to limit broadcasting, television programs, media, and entertainment services to authorized recipients and to agreed facilities and areas.
3. Access to service support activities shall be in accordance with United States regulations. United States forces authorities shall adopt appropriate measures to prevent the abuse of such service support activities and the sale or resale of goods or services to persons who are not authorized to patronize such service support activities or providers.
4. No license, permit, or inspection shall be required by Afghanistan for activities connected with such service support activities.
5. The activities, and any organizations undertaking the activities referred to in this Article, are integral parts of United States forces and shall be accorded the same fiscal and customs exemptions granted to the force, including those provided in Articles 18 and 19 of this Agreement. Such organizations and activities shall be maintained and operated in accordance with applicable United States regulations. Such activities shall not be required to collect or pay taxes or to pay other fees related to their operations. Access to these service support activities shall be restricted to members of the force, members of the civilian component, United States contractors and United States contractor employees and others as may be authorized.
6. Mail shipped within the United States Military Postal Service transportation system shall be exempt from inspection, search, or seizure by Afghan authorities.
7. The Joint Commission shall periodically review the service support activities and resolve by mutual agreement questions arising in the course of implementation of this Article.
ARTICLE 23
Currency and Exchange
The Parties agree to establish procedures to implement this Article. The Parties shall review and update, as appropriate, such procedures regarding currency and exchange, and shall address any issues immediately through the Joint Commission that may arise regarding such procedures. FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
22 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013

ARTICLE 24
Claims
1. Each Party waives any and all claims (other than contractual claims) against the other for damage to, loss of, or destruction of its property or injury or death to members of United States forces or ANSF, and their respective civilian components, arising out of the performance of their official duties in Afghanistan.
2. For claims not excluded under paragraph 1 of this Article, United States forces authorities shall pay just and reasonable compensation in settlement of meritorious third party claims arising out of acts or omissions of members of the force and of the civilian component done in the performance of their official duties and incident to the non-combat activities of United States forces. United States forces authorities may also settle meritorious third party claims not arising from the performance of official duties. Such claims shall be expeditiously processed and settled by United States forces authorities in accordance with the laws and regulations of the United States and seriously considering the customs and traditions of Afghanistan.
3. In settling third party claims, United States forces authorities shall take into account any report of investigation or opinion provided to them by Afghanistan authorities regarding liability or amount of damages.
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 25
Annexes
Any Annex appended to this Agreement shall form an integral part of this Agreement, and may be amended by written agreement of the Parties.
ARTICLE 26
Disputes and Implementation
1. Any divergence in views or dispute regarding the interpretation or application of this Agreement shall be resolved at the lowest competent level through consultation between the Parties and shall not be referred to any national or international court, tribunal or other similar body, or any third party for settlement. FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
23 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013

2. The Parties, or their Executive Agents including through the Joint Commission, may enter into Implementing Arrangements and procedures to carry out the provisions of this Agreement.
3. Cooperation under this Agreement is subject to the relevant laws and regulations of the respective Parties, including applicable appropriations laws.
4. United States forces authorities shall pay reasonable, fair market charges, minus any taxes, for goods or services they request and receive.
ARTICLE 27
Joint Commission
1. The Parties hereby establish a Joint Commission to oversee implementation of this Agreement. The Joint Commission shall be co-chaired by representatives of the Executive Agents. The Joint Commission may include other governmental representatives requested by the Executive Agents and appointed by the Parties.

2. The Joint Commission shall determine its own procedures and arrange for such auxiliary organs, including the establishment of Working Groups, and administrative services, as may be considered appropriate. Each Executive Agent shall bear the costs of its participation in the Joint Commission.

3. The Joint Commission shall coordinate and exchange information, as appropriate, with the Working Group on Defense and Security Cooperation established under the Strategic Partnership Agreement.

ARTICLE 28
Entry into Force, Amendment, and Termination
1. This Agreement shall enter into force on January 1, 2015, after the Parties notify one another through diplomatic channels of the completion of their respective internal legal requirements necessary for the entry into force of this Agreement. It shall remain in force until the end of 2024 and beyond, unless terminated pursuant to paragraph 4 of this Article.
2. This Agreement, upon its entry into force, shall supersede the exchange of notes dated September 26, 2002 and December 12, 2002, and May 28, 2003, regarding the status of FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
24 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013

United States forces in Afghanistan. This Agreement shall also supersede any prior agreements and understandings which the Parties mutually determine, through a subsequent exchange of diplomatic notes, to be contrary to the provisions of this Agreement.
3. This Agreement may be amended by written agreement of the Parties through the exchange of diplomatic notes.
4. This Agreement may be terminated by mutual written agreement or by either Party upon two years’ written notice to the other Party through diplomatic channels. Termination of any Annex to or Implementing Arrangement under this Agreement does not result in termination of this Agreement. Termination of this Agreement in accordance with this paragraph shall, without further action, result in termination of all Annexes and Implementing Arrangements.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective Governments, have signed this Agreement.
DONE at Kabul, this …. day of October 2013 in duplicate, in the English, Pashto, and Dari languages, each text being equally authentic.
FOR THE
UNITED STATES OF AMERICA:
FOR THE ISLAMIC REPUBLIC OF AFGHANISTAN: FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013
25 FOR OFFICIAL AFGHAN AND U.S. GOVERNMENT USE ONLY PRE-DECISIONAL DOCUMENT AS OF 7/25/2013

ANNEX A
List of Agreed Facilities and Areas
[To Be Discussed in Negotiations]
ANNEX B
Official Points of Embarkation and Debarkation
[To Be Discussed in Negotiations

جستجو در کابل پرس