ARTICLE 15

All differences between the Parties to the present Protocol or between any such Parties and any Allied Headquarters relating to the interpretation or application of the Protocol shall be settled by negotiation between the parties in dispute without recourse to any outside jurisdiction. Except where express provision is made to the contrary in the present Protocol or in the Agreement, differences which cannot be settled by direct negotiation shall be referred to the North Atlantic Council,

ARTICLE 16

1. Articles XV and XVII to XX of the Agreement shall apply as regards the present Protocol as if they were an integral part thereof, but so that the Protocol may be reviewed, suspended, ratified, acceded to, denounced or extended in accordance with those provisions independently from the Agreement.

1

2. The present Protocol may be supplemented by bilateral agreement between the receiving State and a Supreme Headquarters, and the authorities of a receiving State and a Supreme Headquarters may agree to give effect, by administrative means in advance of ratification,2 to any provisions of this Protocol or of the Agreement as applied by it. In witness whereof the undersigned Plenipotentiaries have signed the present Protocol.

Done in Paris this 28th day of August 1952, in the English and French languages, both texts being equally authoritative, in a single original which shall be deposited in the archives of the Government of the United States of America. The Government of the United States of America shall transmit certified copies thereof to all the signatory and acceding States.

For the bilateral agreement between the United States and the North Atlantic Council (acting for Supreme Headquarters), see infra.

2 The protocol entered into force Apr. 10, 1954 (i.e., 30 days after the deposit of an instrument of ratification by Belgium, Mar. 11, 1954, the fourth signatory state to do so). Up to and including the date of entry into force instruments of ratification had been deposited by Norway, Feb. 24, 1953; Iceland, May 11, 1953; the United States, July 24, 1953; and Belgium, Mar. 11, 1954. Instruments of ratification were subsequently deposited by Turkey, May 18, 1954; the Netherlands, June 22, 1954; Luxembourg, July 23, 1954; Greece, July 26, 1954; France, Jan. 20, 1955; Denmark, May 22, 1955; Portugal, Nov. 22, 1955; and Italy, Dec. 22, 1955. As of the end of calendar year 1956 no additional instruments had been deposited. (N. B. By the terms of article 16 of the Protocol the ratification and entry into force provisions of the Status of Forces Agreement of June 19, 1951, applied to the Protocol.)

31. AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES AND THE NORTH ATLANTIC COUNCIL CONCERNING THE EMPLOYMENT BY INTERNATIONAL MILITARY HEADQUARTERS OF UNITED STATES NATIONALS, FEBRUARY 25, 19531

Since the Government of the United States desires to enter into an arrangement with International Military Headquarters to which the Protocol to the Agreement Between the Parties to the North Atlantic Treaty on the Status of Their Forces on International Military Headquarters Set Up Pursuant to the North Atlantic Treaty, signed at Paris on August 20 [28], 1952, applies, as provided in Article 7 of that Protocol, it is therefore agreed by the Government of the United States and the North Atlantic Council, acting on behalf of such Headquarters, as follows:

1. Whenever any International Military Headquarters desires the services of a United States national, it will notify the United States of: (A) The nature of the position to be filled, (B) The qualifications which an individual must possess to fill the position, and (C) The salary which such individual would receive if employed by the Headquarters. The Headquarters may notify the Government of the United States of the name(s) of any individual(s) it deems acceptable for the position.

2. The Government of the United States may assign to the Headquarters a United States national from its Government service who is acceptable to the Headquarters. The Government of the United States will provide security clearance for the individual concerned.

3. The Government of the United States will pay any and all salaries and emoluments of United States nationals, who are employed by it and assigned to the Headquarters concerned, from its own funds at rates determined by the Government of the United States. 4. International Military Headquarters will not pay any and emoluments of any citizen of the United States.

salaries

5. The amounts of salaries and emoluments which International Military Headquarters would otherwise have paid United States nationals for each fiscal year will be deducted from the amount assessed the Government of the United States in respect of the contribution of the Government of the United States to such Headquarters for the subsequent fiscal year.

6. This Agreement has been executed in two originals, one to be retained by the Government of the United States, and one to remain with the North Atlantic Treaty Organization.

IN WITNESS WHEREOF, This Agreement is executed at Paris on this twenty-fifth day of February, 1953 by The Right Honourable The Lord Ismay, G.C.B., C.H., D.S.O., Secretary General of the North Atlantic Treaty Organization, on behalf of the North Atlantic

1 TIAS 2978, pp. 20-21; 5 UST 890.

2 Supra.

Council, and William H. Draper, Jr., United States Permanent Representative to the North Atlantic Council, on behalf of the Government of the United States.

32. REPORT OF THE SENATE COMMITTEE ON FOREIGN RELATIONS ON AGREEMENTS RELATING TO THE STATUS OF THE NORTH ATLANTIC TREATY ORGANIZATION, ARMED FORCES, AND MILITARY HEADQUARTERS,

APRIL 28, 19531

REPORT

[To accompany Executives T and U, 82d Congress, 2d session, and Executive B, 83d Congress, 1st session]

The Committee on Foreign Relations, to whom was referred the agreement regarding the status of forces of parties of the North Atlantic Treaty (Ex. T, 82d Cong., 2d sess.), signed at London on June 19, 1951; the agreement relating to the status of the North Atlantic Treaty Organization (Ex. U, 82d Cong., 2d sess.), signed at Ottawa on September 20, 1951;3 and the protocol on the status of international military headquarters set up pursuant to the North Atlantic Treaty (Ex. B, 83d Cong., 1st sess.), signed at Paris on August 28, 1952, reports the treaties to the Senate and recommends that advice and consent to ratification be given at an early date.

4

I. PURPOSE OF THE AGREEMENTS

The main purpose of the agreements is to define the legal status of the civilian organs and international military headquarters of the North Atlantic Treaty Organization and of the military forces and their civilian components of one NATO power stationed in the territory of another.

To this end, the status-of-forces agreement provides for such matters as passport and visa regulations, immigration inspections, the carrying of arms, criminal and civil jurisdiction, the settlement of claims, local procurement and local civilian labor requirements, and import, customs, and foreign exchange regulations.

The protocol to the status-of-forces agreement applies most of the provisions of that agreement to international military headquarters under NATO. In addition, the protocol gives such international headquarters juridical personality and confers limited privileges and immunities.

The civilian counterpart of the status-of-forces agreement gives juridical personality to the North Atlantic Treaty Organization and confers upon it the privileges and immunities normally accorded

international organizations. It also defines the privileges and immunities of the national representatives and the international staff.

II. COMMITTEE ACTION

The Consultative Subcommittee on European Affairs of the Foreign Relations Committee was consulted about the agreements several times by officials of the executive branch during the 82d Congress and was kept informed of the main issues involved in the negotiations. The full committee held 2 days of open hearings on April 7 and 8, 1953, at which testimony was taken from Undersecretary of State Walter Bedell Smith, Secretary of Defense Charles E. Wilson, General of the Army Omar N. Bradley, Chairman of the Joint Chiefs of Staff, Mr. Herman Phleger, legal adviser of the Department of State, and other Government experts.'

The committee considered the agreements in executive session April 10 and again on April 21. On April 22, Mr. Phleger returned for further questioning in executive session and, on April 23, the committee voted to report the agreements favorably with an understanding making it clear that the status-of-forces agreement does not interfere with the right of the United States to exclude or remove persons whose presence in the country is deemed prejudicial to its safety or security.2

III. BACKGROUND AND NEGOTIATION OF AGREEMENTS

The necessity for arrangements of the kind contained in these agreements arises from the developing integration of the defense of Western Europe under the North Atlantic Treaty Organization. Military forces of many different nations are participating in this defense and are stationed in countries other than their own. This is a situation which is wholly unprecedented in peacetime and which requires unprecedented measures to deal with it. In the absence of a general NATO agreement, the status of these forces is a matter of some confusion and is often no different from that of a private citizen who is subject to all the laws and regulations of the country in question.

During World War II, United States forces in the United Kingdom were granted complete extraterritoriality by the British Parliament in the United States Visiting Forces Act of 1942.3 That law is still in effect, but an act to repeal it has passed Parliament and awaits only an order in Council to become effective. Under the new law, American troops in the United Kingdom will have a status similar to that provided in the NATO agreements.

Everywhere on the Continent of Europe, however, United States forces entered during World War II by force, either as liberators or conquerors, and made their own laws.

1 See Agreements Relating to Status of North Atlantic Treaty Organization, Armed Forces and Military Headquarters: Hearings before the Committee on Foreign Relations, United States Senate, 83d Congress, 1st Session, . .

2 For the text of the Senate understanding, see infra. 3 5 and 6 Geo. VI, ch. 31.

April 7 and 8, 1953.

After the end of the war, interim arrangements in the form of executive agreements covering the status of United States troops were negotiated with the new governments of the countries concerned. The provisions of these bilateral arrangements, which do not have the force of treaties, vary considerably from country to country, and the committee received testimony that difficulties have been encountered in their application.

With the coming into force of the North Atlantic Treaty and the beginning of the integrated defense buildup, it became apparent that some more formal and more nearly permanent definition of status was necessary and that it should be arrived at on a multilateral basis so as to provide uniformity.

Accordingly, in February 1950, the Secretary of Defense initiated studies to achieve this purpose. The Brussels agreement of 1949, governing the status of forces of the Western Union Powers of Europe was taken as a model. Negotiation of the NATO agreement was carried out in the North Atlantic Council of Deputies in 1951. The status-of-forces agreement was signed by the NATO powers in June 1951, the organization agreement in September of that year, and the headquarters protocol in August 1952.

The status-of-forces agreement provides that it will come into force, for the states that have ratified it, 30 days after 4 signatory states have deposited their instruments of ratification with the United States Government. It has been ratified by France (September 29, 1952), Norway (February 24, 1953), and Belgium (February 27, 1953).2

The protocol on the status of international military headquarters contains the same provisions for coming into force. It has been ratified by Norway (February 24, 1953).3

The agreement relating to the civilian organs of NATO will come into force, as between the states that have ratified it, as soon as six instruments of ratification have been deposited with the United States. This agreement has been ratified by Denmark (May 7, 1952), the Netherlands (July 14, 1952), and Norway (February 24, 1953.)4

IV. GENERAL EFFECT OF THE AGREEMENTS

The United States is affected by the agreements both as a sending state, with substantial numbers of troops stationed in other NATO countries, and as a receiving state, in whose territory some troops of other NATO countries are stationed.

Because there are many more United States troops abroad than there are foreign troops in the United States, American interest in the agreements is primarily that of a sending state. The interests

The text of the Agreement Relating to Status of Members of the Armed Forces of the Brussels Treaty Powers, signed at London, Dec. 21, 1949, is printed in the Department of State Bulletin, Mar. 20, 1950, pp. 449–453.

2 For subsequent ratification action on this agreement, see the footnotes to article XVIII of the agreement; supra, doc. 27.

For subsequent ratification action on this protocol, see the footnote to article 16 of the protocol; supra, doc. 30.

For subsequent ratification action on this agreement, see the footnotes to article 26 of the agreement; supra, doc. 28.