10 Tips For Government Contractors With Personnel Covered By Status Of Forces Agreements Abroad

Highlights

U.S. military personnel and employees of government contractors often must be in foreign countries to support the U.S. government's missions overseas, leading to questions about how and which laws of the host nation apply. This uncertainty is often resolved with bilateral (or multilateral) agreements between the host nation and the United States that are known as Status of Forces Agreements (SOFAs). Because SOFAs can be complex and difficult to navigate, this Holland & Knight alert provides a list of the top 10 considerations that contractors should be aware of when providing services overseas in a country covered by a SOFA. The U.S. government has military bases and outposts around the world, and - as it does within the United States - utilizes contractors to support its mission overseas. Because military personnel and employees of government contractors are necessarily in foreign countries, questions arise about how and which laws of the host nation apply. This uncertainty is often resolved with bilateral (or multilateral) agreements between the host nation and the United States that are known as Status of Forces Agreements (SOFAs).

SOFAs serve a number of functions. First, they define the legal status of U.S. Department of Defense (DoD) personnel and supporting government contractors with respect to their activities and property in the territory of another nation. Second, they set forth rights and responsibilities between the U.S. and the host nation government. For personnel, SOFAs can dictate all aspects of employees' lives while they are residing in the host country. For example, SOFA agreements may address status, entry and departure from the host nation, military training within the host nation territory, jurisdiction, law enforcement, taxation, import and export laws, driving privileges, employment, schooling, housing and more. SOFA protections generally extend beyond uniformed service members in the host country to civilian employees of defense contractors and other organizations who provide services in the host country and to their dependents. The terms of such agreements vary across jurisdictions to reflect the specific needs of the personnel operating in any particular country.

Because SOFAs can be complicated and difficult to navigate, this Holland & Knight alert provides a list of the top 10 considerations that contractors should be aware of when providing services overseas in a country covered by a SOFA.

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