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Article 7
External Aggression
3. In the event of external aggression or the threat of external aggression against
Afghanistan, the Parties shall hold consultations on an urgent basis to develop and
implement an appropriate response, including, as may be mutually determined,
consideration of available political, diplomatic, military, and economic measures on the list
developed pursuant to paragraph 2, in accordance with their respective constitutional
procedures.
The above is the key provision that Afghanistan seeks and if the BSA is signed Afghanistan wants to hold America to this bargain. Lets see what America seeks
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.
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.
ARTICLE 12
Movement of Vehicles, Vessels, and Aircraft
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.
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
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.]
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 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.
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.
4. No license, permit, or inspection shall be required by Afghanistan for activities
connected with such service support activities.
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
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:
msnbcmedia.msn.com/i/MSNBC/Sections/NEWS/BSAdocument.pdf
External Aggression
3. In the event of external aggression or the threat of external aggression against
Afghanistan, the Parties shall hold consultations on an urgent basis to develop and
implement an appropriate response, including, as may be mutually determined,
consideration of available political, diplomatic, military, and economic measures on the list
developed pursuant to paragraph 2, in accordance with their respective constitutional
procedures.
The above is the key provision that Afghanistan seeks and if the BSA is signed Afghanistan wants to hold America to this bargain. Lets see what America seeks
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.
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.
ARTICLE 12
Movement of Vehicles, Vessels, and Aircraft
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.
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
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.]
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 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.
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.
4. No license, permit, or inspection shall be required by Afghanistan for activities
connected with such service support activities.
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
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:
msnbcmedia.msn.com/i/MSNBC/Sections/NEWS/BSAdocument.pdf